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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 ,`` CJ �} >.�hris ��- v:, 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