Introduced By: ___________________

Seconded By: ___________________

AN ORDINANCE APPROVING THE CONTRACT PROVIDING FOR THE APPOINTMENT AND EMPLOYMENT OF DAVID M. BENJAMIN AS VILLAGE SOLICITOR FOR THE VILLAGE OF MANTUA FOR THE PERIOD OF TIME SEPTEMBER 1, 2004 THROUGH AUGUST 31, 2006, ESTABLISHING THE COMPENSATION TO BE PAID TO MR. BENJAMIN FOR THE SERVICES HE RENDERS AUTHORIZING THE MAYOR AND VILLAGE CLERK TO ENTER INTO A CONTRACT WITH MR. BENJAMIN AND DECLARING AN EMERGENCY AS VILLAGE COUNCIL DESIRES TO IMPLEMENT THESE MODIFICATIONS AT THE EARLIEST POSSIBLE OPPORTUNITY

WHEREAS, Mr. David M. Benjamin has been representing the Village of Mantua as its Village Solicitor (legal counsel) for the past nine (9) and

WHEREAS, the Village Mayor and Village Council have been satisfied with Mr. Benjamin’s performance, and have been discussing appropriate terms for a successor contract; and

WHEREAS, the attached agreement identified as “Exhibit A” reflects terms that Village Council finds acceptable, and is willing to agree to as a basis upon which to continue Mr. Benjamin’s services, and authorizes the Mayor and Village Clerk-Treasurer to enter into this agreement on behalf of the Village;

NOW, THEREFORE, BE IT ORDAINED by the Council for the Village of Mantua, County of Portage, State of Ohio, that:

Section 1. Village Council hereby approves the attached Agreement between the Village of Mantua and David M. Benjamin to perform legal services for the Village during the time period September 1, 2004 through August 31, 2006 and further authorizes the Village Mayor and the Clerk-Treasurer to execute the documents necessary to conclude this Agreement.

Section 2. It is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this Ordinance were adopted in an open meeting of this Council, and that all deliberations of this Council and of any of its Committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements, including Section 121.22 of the Ohio Revised Code.

Section 3. This Ordinance is hereby declared to be an emergency measure necessary for the preservation of the public peace, health and safety of this municipality and for the further reason that Village Council wants to approve this Agreement at the earliest possible opportunity. Wherefore, provided it receives the affirmative vote of five or more of the members elected or appointed to this Council, this Ordinance shall take effect and be in force immediately upon its passage by Council and approval of the Mayor; otherwise, it shall take effect and be in force from and after the earliest time allowed by law.

Adopted:________________________ Effective:________________________ Attest:________________________ Clerk of Council

Approved:________________________ By:________________________ Mayor Claude Hopkins

I, Betsy Woolf, Clerk of the Village of Mantua, Ohio, hereby certify that this Ordinance was duly published by public posting at predesignated posting places.

______________________
Betsy Woolf, Mantua Village Clerk-Treasurer

1st Reading: _________

2nd Reading: _________

3rd Reading: _________

Approved as to be Legal Form by:

___________________________
David M. Benjamin, Village Solicitor