HomeMy WebLinkAbout2018 08_authorizing settlement authority_City vs Cook_2019.08.07OWASSO CITY COUNCIL
RESOLUTION 2018 -08
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 AUGUST 14, 2018, OR AT
SUCH OTHER TIME AS IT MAY BE RESCHEDULED OR CONTINUED, IN THE LITIGATION
STYLED, CITY OF OWASSO v. MARY LYNN COOK, 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. Mary Lynn Cook to obtain Right -of -Way for property
deemed necessary for the Garnett Widening Project from 96th Street North to 106th Street
North, and,
WHEREAS: The City of Owasso has agree to attend mediation to occur on the 14th day
of August, 2018, 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 August 14, 2018, 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 7th day of August, 2018, City ncil of the City of
Owasso, Oklahoma.
Dr. is ,Mayor
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M. Stevens, City Clerk "Z� ny,. I.- -
APP VED AS TO FORM:
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Julie ombardi, City Attorney
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TO:
The Honorable Mayor and City Council
FROM:
Julie Trout Lombardi
City Attorney
SUBJECT:
Mediation in City of Owasso v. Mary Lynn Cook
Resolution 2018 -08
DATE:
August 3, 2018
BACKGROUND:
This is a condemnation matter filed by the City of Owasso against Mary Lynn Cook (the
Thompson's Store site) to obtain property deemed necessary for the Garnett Widening Project
from 96th Street North to 1061h Street North. The parties to this litigation have mutually declared
their willingness to participate in mediation to be held on August 14, 2018. For purposes of
mediation, it is necessary for the City of Owasso to designate a settlement representative and to
give that representative full and final settlement authority. Staff recommends the City Manager,
Warren Lehr, be designated as the City's representative and given full and final settlement
authority.
PROPOSED ACTION:
Approval of proposed Resolution 201808 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. Mary Lynn Cook and
additionally conferring full and final settlement authority upon the City Manager in this matter
through approval of proposed Resolution 2018 -08 memorializing the same.
ATTACHMENT:
Resolution 2018 -08