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