HomeMy WebLinkAbout2017 18_Mediation Cavins Condemnation_2017.10.03OWASSO CITY COUNCIL
RESOLUTION 2017 -18
A RESOLUTION OF THE OWASSO CITY COUNCIL OF THE CITY OF OWASSO,
OKLAHOMA, NAMING THE CITY MANAGER OR HIS DESIGNEE AS THE SETTLEMENT
REPRESENTATIVE FOR THE MEDIATION SCHEDULED ON OCTOBER 13, 2017, OR AT
SUCH OTHER TIME AS IT MAY BE RESCHEDULED OR CONTINUED, IN THE LITIGATION
STYLED, CITY OF OWASSO v. CAVINS OWASSO 1, LLC, et al. AND ADDITIONALLY
GRANTING FULL AND FINAL SETTLEMENT AUTHORITY IN THIS LITIGATION MATTER TO
THE CITY MANAGER OR HIS DESIGNEE.
WHEREAS: The City of Owasso filed a condemnation matter in the District Court of Tulsa
County captioned as City of Owasso v. Cavins Owasso 1, LLC, et al., to obtain Right -of -Way for
property deemed necessary for the Garnett Widening Project from 961h Street North to 106th
Street North, and,
WHEREAS: The City of Owasso has agree to attend mediation to occur on the 131h day
of October, 2017, and to bring an authorized representative possessing full and final
settlement authority to be used at his or her discretion during the mediation, and,
WHEREAS: The City of Owasso wishes to vest full and final settlement authority in the City
Manager, Warren Lehr, and additionally designate the City Manager as the City's
representative for 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: Warren Lehr, in his capacity as City Manager, or his designee if
necessitated, is hereby named as the settlement representative for the City of Owasso for
purposes of the above - described mediation on October 13, 2017, or at such other time as the
mediation may be rescheduled or continued,
AND, BE IT FURTHER RESOLVED THAT: Warren Lehr, or his designee if necessitated, is
hereby vested with full and final settlement authority on behalf of the City of Owasso in the
above - styled litigation matter.
APPROVED AND ADOPTED this 31d day of October, 2017, by t ity Council of e City of
Owasso, Oklahoma.
Mayo yn ell Dunn eF O
ATTEST: a
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Sherry Bisl%p, City
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AP VED AS TO FORM:
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Jul' Lombardi, City Attorney
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TO: The Honorable Mayor and City Council APPROVED BY C
City of Owasso OUNC��
FROM: Julie Trout Lombardi OCT p 3 2Ui/
City Attorney
SUBJECT: Mediation in City of Owasso v. Cavins Owasso 1, LLC, of al.
Resolution 2017 -18
DATE: September 29, 2017
BACKGROUND:
This is a condemnation matter filed by the City of Owasso against Cavins Owasso 1, LLC, et al. to
obtain property deemed necessary for the Garnett Widening Project from 96th Street North to
106th Street North. The parties to this litigation have mutually declared their willingness to
participate in mediation to be held on October 13, 2017. For purposes of mediation, it is
necessary for the City of Owasso to designate a settlement representative and give that
representative full and final settlement authority. Staff recommends the City Manager, Warren
Lehr, be designated at the City's representative and given full and final settlement authority.
PROPOSED ACTION:
Approval of "proposed Resolution 2017 -18 conferring full and final settlement authority upon the
City Manager, or his designee if necessitated, and additionally naming the City Manager or his
designee as the City's representative at the scheduled mediation..
RECOMMENDATION:
Staff recommends designating the City Manager, Warren Lehr, as the City's authorized
settlement representative for mediation in the case of City of Owasso v. Covins Owasso 1, LLC,
et al., and additionally conferring full and final settlement authority upon the City Manager in this
matter through approval of proposed Resolution 2017 -18 memorializing the same.
ATTACHMENT:
Resolution 2017 -18