HomeMy WebLinkAbout166-10 RESOLUTIONRESOLUTION NO. 166-10
A RESOLUTION TO APPOINT CITY COUNCIL MEMBER SHIRLEY
LUCAS TO REPRESENT THE CITY COUNCIL DURING ANY
SETTLEMENT CONFERENCE REQUIRED BY THE FEDERAL DISTRICT
COURT OR MAGISTRATE
WHEREAS, the United States Magistrate Judge has ordered that the City of Fayetteville
attend a Settlement Conference in the case of Rogers Group, Inc. v. City of Fayetteville
concerning the Rock Quarry Licensing Ordinance; and
WHEREAS, the Magistrate Judge requires Fayetteville to have a representative of the
City Council present at such Settlement Conference; and
WHEREAS, the Magistrate Judge requires that this representative be empowered with
whatever settlement authority the City Council might wish to confer on such representative.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby appoints
City Council Member Shirley Lucas as the official City Council representative for any required
Settlement Conference to be conducted by the Federal Magistrate Court in the case Rogers
Group, Inc. v. City of Fayetteville.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby empowers
City Council Member Shirley Lucas to agree to possible amendments up to full deletion of
§113.02(C)(2), (4) and (5) and §113.02 (D)(2) regarding the numbers on the dump trucks.
PASSED and APPROVED this 21st day of September, 2010.
APPROVED: / ATTEST:
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AGENDA REQUEST
FOR: COUNCIL MEETING OF SEPTEMBER 21, 2010
FROM:
KIT WILLIAMS, CITY ATTORNEY
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
A Resolution To Appoint City Council Member Shirley Lucas To Represent The City Council
During Any Settlement Conference Required By The Federal District Court Or Magistrate
APPROVED FOR AGENDA:
City Attorne
Date
Date
09-08-10p12:07 RCVD
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
KIT WILLIAMS, CITY ATTORNEY
DAVID WHITAKER, ASST. CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE
LEGAL DEPARTMENT
TO: Mayor Jordan
City Council
FROM: Kit Williams, City Attorney �-
DATE: September 8, 2010
RE: City Council Representative for mandatory Settlement Conference now
scheduled for November 17th at 9:00 a.m. in Federal Court
Originally the Federal Magistrate Judge had ordered that the entire City
Council and Mayor Jordan had to appear for a "Settlement Conference" in the
Rogers Group, Inc. v. City of Fayetteville case. I appealed this to the Federal
District Judge as provided in the Federal Rules of Civil Procedure. The Magistrate
Judge then had a conference call with me and the Rogers Group, Inc.'s attorney
and we agreed that the City Council would appoint a representative with whatever
settlement authority (it could be none) it wished to empower the representative. I
thought that City Council member Shirley Lucas would be a good representative
since she and Sarah Lewis had sponsored and supported the rock quarry ordinance.
I wanted to give Shirley Lucas some authority even though I doubt if the Rogers
Group, Inc. would propose any settlement that the City would agree to.
Attached is the Resolution that includes the authority to delete the number
on the back of a dump truck requirement. This is the only issue I felt where the
City Council might have some leeway in removing without significant damage to
the ordinance's goals to prevent the rock quarry from being a nuisance.
I must admit that this Settlement Conference is probably futile so anyone
appointed representative will probably just waste their morning with me in Court
as no settlement is remotely likely. The City would demonstrate "good faith" in
not only appointing a representative, but also by giving that representative a small
amount of power to compromise on the truck numbering requirement if Rogers,
Group, Inc. drops all other claims against us. I cannot believe Rogers would make
such an agreement so no settlement is by far the most likely outcome.
RESOLUTION NO.
A RESOLUTION TO APPOINT CITY COUNCIL MEMBER SHIRLEY
LUCAS TO REPRESENT THE CITY COUNCIL DURING ANY
SETTLEMENT CONFERENCE REQUIRED BY THE FEDERAL DISTRICT
COURT OR MAGISTRATE
WHEREAS, the United States Magistrate Judge has ordered that the City of Fayetteville
attend a Settlement Conference in the case of Rogers Group, Inc. v. City of Fayetteville
concerning the Rock Quarry Licensing Ordinance; and
WHEREAS, the Magistrate Judge requires Fayetteville to have a representative of the
City Council present at such Settlement Conference; and
WHEREAS, the Magistrate Judge requires that this representative be empowered with
whatever settlement authority the City Council might wish to confer on such representative.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby appoints
City Council Member Shirley Lucas as the official City Council representative for any required
Settlement Conference to be conducted by the Federal Magistrate Court in the case Rogers
Group, Inc. v. City of Fayetteville.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby empowers
City Council Member Shirley Lucas to agree to possible amendments up to full deletion of
§113.02(C)(2), (4) and (5) and §113.02 (D)(2) regarding the numbers on the dump trucks.
PASSED and APPROVED this 21th day of September, 2010.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer