ORDINANCE NO. 180070
Approving and authorizing
settlement of condemnation lawsuits styled City of Kansas City, Missouri, v.
HLE Family, LLC, et al., Case No. 16CY-CV10409, and City of Kansas City,
Missouri, v. HLE Family, LLC, et al., Case No. 16AE-CV034621.
WHEREAS, the City
brought the above condemnation actions to acquire certain property interests
via eminent domain for Street Improvement Project No. 89008121 “Englewood Blvd
Complete Streets Upgrade,” in Kansas City, Clay County, Missouri and Kansas
City, Platte County, Missouri; and
WHEREAS, Section
2-302 of the Code of Ordinances authorizes the City Attorney to settle claims
in excess of $50,000.00 “subject to approval by the city council upon the
recommendation of the risk management committee”; and
WHEREAS, the
Risk Management Committee recommends the City Attorney be given such authority
to settle the above styled cases; NOW, THEREFORE,
BE IT ORDAINED BY THE
COUNCIL OF KANSAS CITY:
Section 1. That
the payment of the sum of $118,847.00 in settlement of the lawsuits styled, City
of Kansas City, Missouri, v. HLE Family, LLC, et al., Case No.
16CY-CV10409, and City of Kansas City, Missouri, v. HLE Family, LLC, et al.,
Case No. 16AE-CV034621, as recommended by the City Attorney and the Risk
Management Committee, is hereby approved.
Section 2. That
the City Attorney is hereby authorized to pay the sum of $118,847.00 in
settlement of said claims in these lawsuits from funds previously appropriated
in Account No. 18-3090-898201-611060-89008121.
_____________________________________________
I hereby certify
that there is a balance, otherwise unencumbered, to the credit of the
appropriation to which the foregoing expenditure is to be charged, and a cash
balance, otherwise unencumbered, in the treasury, to the credit of the fund
from which payment is to be made, each sufficient to meet the obligation hereby
incurred.
___________________________________
Randall J. Landes
Director of Finance
Approved
as to form and legality:
_______________________________
Matthew Cooper
Assistant City
Attorney