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HomeMy WebLinkAbout2012 15_condemnation proceedings_2012.12.18OWASSO CITY COUNCIL RESOLUTION NO. 2012-15 A RESOLUTION OF THE CITY COUNCIL OF OWASSO, OKLAHOMA, DESIGNATING THE CITY MANAGER AS THE SETTLEMENT REPRESENTATIVE FOR MEDIATION IN THE CONDEMNATION ACTION STYLED CITY OF OWASSO vs. LEE DEBOER, DALE DEBOER, SHIRLEY HESS et al., CV-2012-1064, JUDGE MARY F. FITZGERALD, AND ADDITIONALLY GRANTING FULL, FINAL AND COMPLETE SETTLEMENT AUTHORITY IN THIS LITIGATION MATTER TO THE CITY MANAGER. WHEREAS: The City of Owasso is the Plaintiff in a condemnation action currently filed in the District Court of Tulsa County captioned as City of Owasso vs. Lee DeBoer, Dale DeBoer, Shirley Hess et al., District Court of Tulsa County, Case No. CV-2012- 1064, Judge Mary F. Fitzgerald, and, WHEREAS: The parties to this litigation have agreed to mediate this matter and the City of Owasso is required to bring an authorized representative possessing full, final and complete settlement authority to be used at his or her discretion during mediation, and, WHEREAS: The City of Owasso wishes to vest full, final and complete settlement authority in the City Manager, Rodney J. Ray, and additionally designate the City Manager as the City's representative in the mediation, THE CITY COUNCIL HEREBY ADOPTS THE FOLLOWING RESOLUTION: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT: Rodney J. Ray, in his capacity as City Manager, is hereby designated as the settlement representative for the City of Owasso for purposes of mediation, AND, BE IT FURTHER RESOLVED THAT: Rodney J. Ray is hereby vested with full, final and complete settlement authority on behalf of the City of Owasso in the above-styled litigation matter. APPROVED AND ADOPTED this 18th day of December, 2012, by the City Council of the City of Owasso, Oklahoma. OF o~ Dou ebrake, Mayor Attest: ' Cry orrrclAL 0 SEAL 'of -t Sherry Bi op, City Cl Approved As To Form: Affie T. Lombardi, City Attorney 0 The Citmd~ V y Wit out Limits. APPROVED BY COUNCIL DEC 18 2012 TO: The Honorable Mayor and City Council City of Owasso FROM: Julie Trout Lombardi City Attorney and General Counsel SUBJECT: Mediation in City of Owasso vs. Lee DeBoer, Dale DeBoer, Shirley Hess et al. and proposed Resolution 2012-15 DATE: December 7, 2012 BACKGROUND: On August 24, 2012, the City of Owasso initiated condemnation proceedings against Lee DeBoer, Dale DeBoer and Shirley Hess to obtain Right-of-Way along 86th Street North between Main Street and Memorial Road as a part of the 86th Street North road widening project. City staff attempted to negotiate a purchase of the landowners' property prior to seeking authorization from the City Council to obtain the land through condemnation but was unable to do so. The property was inspected and appraised by three Commissioners appointed by the Court who assessed the value of the land at $90,000. The City of Owasso deposited the amount of the Commissioners' Award, plus applicable fees and poundage, with the Court on October 29, 2012, and took possession of the property shortly thereafter. On November 6, 2012, the landowners' attorney filed a demand for a jury trial in this matter and on November 14, 2012, additionally filed an exception protesting both the taking of the land and the Commissioners' Award. The landowners' attorney recently contacted staff proposing that the parties voluntarily participate in mediation to determination whether or not a mutually acceptable agreement can be negotiated. Staff is inclined to accede to this request for several reasons. First, it is likely that the Court will eventually order the parties to mediate the issues in this case at a later date. Voluntary participation in mediation early in the litigation process possibly enables the City to avoid incurring significant fees for expert witnesses and other costs required to prepare a case for jury trial. Second, the landowners' attorney has agreed to utilize Dispute Resolution Consultants ("DRC") in Tulsa, Oklahoma for the mediation process. The City has participated in several mediations over the past few years conducted by this firm and has found DRC's mediators to be unbiased, knowledgeable in this area of the law and skillful in negotiating agreements between opposing parties. For these reasons, staff believes it is beneficial to the City to participate in early mediation with the landowners in an effort to resolve this matter rather than immediately retaining expert witnesses and scheduling depositions in preparation for a jury trial. The Court has not scheduled a trial date in this case and the City's position is in no way harmed or compromised by participation in the early mediation process even if it is ultimately unsuccessful in resolving the matter. Mediation is quite similar to the procedures utilized in mandatory settlement conferences by the federal court system in both process and requirements. As with settlement conferences, both the Plaintiff and the Defendants must designate and authorize a representative to attend the mediation on their behalf who is endowed with full, final and complete settlement authority. As always, no party is compelled to agree to a settlement but a representative with full authority must be present during the mediation. RECOMMENDATION: Staff recommends the City Council designate the City Manager, Rodney J. Ray, as the City's authorized settlement representative for mediation in the case of City of Owasso vs. Lee DeBoer, Dale DeBoer, Shirley Hess et al., and additionally confer full, final and complete settlement authority upon the City Manager in this matter through approval of proposed Resolution 2012-15 memorializing the same. ATTACHMENT: A. Proposed Resolution 2012-15