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Legislation #: 190870 Introduction Date: 10/17/2019
Type: Ordinance Effective Date: none
Sponsor: None
Title: Approving and authorizing settlement of a condemnation lawsuit styled City of Kansas City, Missouri, v. Rhonda and James Denison, et al., Case No. 18CY-CV04859-01.

Legislation History
DateMinutesDescription
10/16/2019 Filed by the Clerk's office
10/17/2019 Referred to Finance, Governance and Public Safety Committee
10/23/2019 Advance and Do Pass, Consent
10/24/2019 Passed

View Attachments
FileTypeSizeDescription
190870.pdf Authenticated 56K Authenticated Ordinance
190870 fiscal note-denison.pdf Advertise Notice 39K Fiscal Note
190870 fact sheet-denison.pdf Fact Sheet 50K Fact Sheet

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ORDINANCE NO. 190870

 

Approving and authorizing settlement of a condemnation lawsuit styled City of Kansas City, Missouri, v. Rhonda and James Denison, et al., Case No. 18CY-CV04859-01.

 

WHEREAS, the City brought the above condemnation action to acquire certain property interests through eminent domain for the Street Improvement Project No. 89020217, “North Brighton - 58th Street to Pleasant Valley Road”, and water infrastructure Project No. 80002027, “36-inch Water Transmission Main Extension, N.E. 64th Street and N. Brighton Ave. to N.E. Pleasant Valley Rd. Near Searcy Creek,” in Kansas City, Clay County, Missouri; and

 

WHEREAS, the City has already paid $171,750.00 into the Court in the above styled case; 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 $25,750.00, in addition to the $171,750.00 already paid into the Court, in settlement of the lawsuit styled, City of Kansas City, Missouri, v. Rhonda and James Denison, et al., Case No. 18CY-CV04859-01, 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 $25,750.00 in settlement of said claims in this lawsuit from funds previously appropriated in Account No. 3090-895911-89020217.

 

_____________________________________________

 


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.

 

 

___________________________________

Tammy L. Queen

Director of Finance

 

Approved as to form and legality:

 

 

___________________________________

Matthew Cooper

Assistant City Attorney