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HomeMy WebLinkAbout2019 21_Settlement Representative_City vs DoddsOWASSO CITY COUNCIL RESOLUTION NO. 2019 -21 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 NOVEMBER 14, 2019, OR AT SUCH OTHER TIME AS IT MAY BE RESCHEDULED OR CONTINUED, IN THE LITIGATION STYLED, CITY OF OWASSO V. ROBERT DODD AND PETRA CATHERINA DODD 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. Robert Dodd and Petra Catherina Dodd et at., to obtain Right -of -Way for property deemed necessary for the Garnett Widening Project from 1061h Street North to l 16th Street North, and, WHEREAS: The City of Owasso has agreed to attend mediation to occur on the 14th day of November, 2019, 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 November 14, 2019, 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 5th day of November, 2019, by the City Council of the City of Owasso, Oklahoma. A" go .5, /n ;, c' 2_ has Kelley, Mayor l�iq uP l Gt Q "r CI v. O nn M. St6 Approved As To Form: <, -- Jug Trout Lombardi, City Attorney Sd APPROVED BY COUNCIL flFAL Pcop I0 - REAL C , oM, -REAL Community NOV 0 5 2m TO: The Honorable Mayor and City Council FROM: Julie Trout Lombardi City Attorney SUBJECT: Resolution 2019 -21, Mediation in City of Owasso v. Robert Dodd and Petra Catherine Dodd et al. DATE: November 1, 2019 BACKGROUND: This is a condemnation matter filed by the City of Owasso against Robert Dodd and Petra Catherina Dodd, et al., to obtain property deemed necessary for the Garnett Widening Project from 106 +h Street North to 116m Street North. The parties to this litigation have mutually declared their willingness to participate in mediation to be held on or about November 14, 2019. 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 2019 -21, 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 the City Council designate the City Manager, Warren Lehr, as the City's authorized settlement representative for mediation in the case of City of Owasso v. Robert Dodd and Petra Catherina Dodd, et at., and additionally confer full and final settlement authority upon the City Manager in this matter through approval of proposed Resolution 2019 -21 memorializing the same. ATTACHMENT: Resolution 2019 -21