HomeMy WebLinkAbout2020 05_settlement authority in City vs Keys Plus Condemnation_2020.02.18OWASSO CITY COUNCIL
RESOLUTION NO. 2020-05
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 MEDIATION TO BE SCHEDULED IN THE LITIGATION STYLED, CITY
OF OWASSO v. KEY PLUS PROPERTIES, LLC, 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. Key Plus Properties, LLC, to obtain Right -of -Way for
property deemed necessary for the East 116th Street North and North Garnett Road
Intersection Improvement Project, and,
WHEREAS: The City of Owasso has agreed to attend mediation 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.
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 thi (' '�
''�' `�(a ._o ruaryVy,Mayor
City Council of the City of
Owasso, Oklahoma. d ,``
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Ju nn M. Steven , City
Approved As To Form: C�i►o�if
Juli rout Lombardi, City Attorney
REAL Paoplo •REAL LM1araclor •REAL Community
TO:
The Honorable Mayor and City Council
FROM:
Julie Trout Lombardi
City Attorney
SUBJECT:
Mediation in City of Owasso v, Key Plus Properties, LLC
DATE:
February 14, 2020
BACKGROUND:
This is a condemnation matter filed by the City of Owasso against Key Plus Properties, LLC, to
obtain property deemed necessary for the East 116th Street North and North Garnett Road
Intersection Improvement Project. The parties to this litigation have mutually declared their
willingness to participate in mediation. 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 as the
City's representative and given full and final settlement authority.
PROPOSED ACTION:
Approval of proposed Resolution 2020 -05, 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. Key Plus
Properties, LLC, and additionally confer full and final settlement authority upon the City Manager
in this matter through approval of proposed Resolution 2020 -05, memorializing the same.
ATTACHMENT:
Resolution 2020 -05
APPROVED By OOUMCIL
FEB 18 1020