HomeMy WebLinkAbout97-12 RESOLUTIONRESOLUTION NO. 97-12
A RESOLUTION APPROVING A SETTLEMENT AGREEMENT WITH THE
SPIRITS SHOP, INC., CONCERNING CONDEMNATION LITIGATION
FILED AS PART OF THE N. GARLAND AVENUE IMPROVEMENT
PROJECT, IN THE TOTAL AMOUNT OF $16,900.00
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 approves an
agreement with The Spirits Shop, Inc., in a total amount of $16,900.00, as full and final
settlement of' condemnation litigation (City of Fayetteville v. The Spints Shop, Inc., Washington
County Circuit Court Case No. CV 2012-654-7) filed as part of the N. Garland Avenue
Improvement Project.
Section 2: That the City Council of the City of Fayetteville, Arkansas, in furtherance of
the settlement, hereby approves payment of an additional $6,200.00 over and above the
$10,700.00 placed on deposit with the court.
PASSED and APPROVED this 15th day of May, 2012.
APPROVED:
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ATTEST:
By:
SONDRA E. SMITH, City Clerk/Treasurer
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Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
S/IS
118/2012
City Council Meeting Date
Agenda Items Only
Engineering
Division
Action Required:
Development Services
Department
Approval of a Resolution authorizing the settlement of The Spirits Shop, Inc. Condemnation Case for a total of
$16,900.
$
6,200.00
Cost of this request
4470.9470.5810.00
Account Number
06035.2250
Project Number
185,515.00
$
Category / Project Budget
130,781.23
$
Transportation Bond Program
Program Category / Project Name
Land Acquisition
Funds Used to Date Program / Project Category Name
54,733.77 Sales Tax Capital Improvements
Remaining Balance Fund Name
Budgeted Item x Budget Adjustment Attached
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Depart ent ector
41/6-
14:10/1141.
Date
C torney Date
ieti Q. . y--s't.latz
Finance and Internal Services Directo
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Date Received inU-27-12A11:49 RCVD
919- b -
Date
Dat
Clerk's Office
Received in
Mayor's Office
TOED
Comments:
Revised January 15, 2009
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENT CORRESPONDENCE
ARKANSAS
www.accessfayetteville.org
CITY COUNCIL AGENDA MEMO
City Council Meeting of May 15, 2012
To: Mayor Jordan and City Council
Thru: Don Marr, Chief of Staff
Jeremy Pate, Director of Development Services&
From: Chris Brown)
Date: April 27, 2012
Subject: Approval of a Resolution authorizing the settlement of The Spirits Shop, Inc. Condemnation
Case for a total of $16,900.
PROPOSAL:
Improvements to Garland Avenue (Highway 112) are planned as part of a City of Fayetteville and Arkansas
State Highway and Transportation Department (AHTD) partnering project. Our agreement with AHTD
provides that the City is responsible for 50% of the construction cost, up to $1.5 million, and all of the cost of
right of way acquisition and relocation of utility facilities.
Prior to construction work by AHTD, the City and local public utilities must relocate existing utility lines out of
the widening area. In order to accomplish this work, it was necessary to acquire utility easements adjacent to
the right of way. City was not able to negotiate a compensation agreement with the Spirits Shop, therefore, the
City Council authorized acquisition by condemnation at its March 6, 2012 meeting, and the City Attorney
subsequently filed a complaint with the Circuit Court to acquire the necessary easement The order of
possession was received on this property after the complaint was filed and the City deposited $10,700 with the
Court as just compensation.
On April 241h, after a meeting between Mr. Donald Johnston, representing the Spirits Shop, and City of
Fayetteville staff, Assistant City Attorney Jason Kelley provided a settlement offer to The Spirits Shop in the
amount of $16,900, contingent on City Council approval. Mr. Johnston has accepted this offer, as indicated by
the attached letter.
RECOMMENDATION:
Staff recommends approval of a Resolution authorizing settlement of the Spirits Shop condemnation case and
authorizing an additional payment of $6,200 to The Spirits Shop. This is a fair and equitable settlement to both
the City and the property owners, and avoids further staff time and litigation expense on this case.
BUDGET IMPACT:
Payment of the additional amount to The Spirits Shop will be made from the Garland Avenue Water and Sewer
Relocations project of the Transportation Bond Program. There are adequate funds available for this payment.
RESOLUTION NO.
A RESOLUTION APPROVING A SETTLEMENT AGREEMENT WITH THE
SPIRITS SHOP, INC., CONCERNING CONDEMNATION LITIGATION
FILED AS PART OF THE N. GARLAND AVENUE IMPROVEMENT
PROJECT, IN THE TOTAL AMOUNT OF $16,900.00
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 approves an
agreement with The Spirits Shop, Inc., in a total amount of $16,900.00, as full and final
settlement of condemnation litigation (City of Fayetteville v. The Spirits Shop, Inc., Washington
County Circuit Court Case No. CV 2012-654-7) filed as part of the N. Garland Avenue
Improvement Project.
Section 2: That the City Council of the City of Fayetteville, Arkansas, in furtherance of
the settlement, hereby approves payment of an additional $6,200.00 over and above the
$10,700.00 placed on deposit with the court.
PASSED and APPROVED this 15th day of May, 2012.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
Apr 25 2012 3:19PM DON JOHNSTON R 4795211650
Apr 24 2012 2:39PM FRYETTEVILLE CITY ATTORNE 4795758315
JASON B. KELLEY
Assistant Qty Attorriey
Judy Mousley
Office Manager
Phone (479) 57543313
FAX: (479) 5758315
TDD (479) 521-1316
KIT WILLIAMS
FAYE I 1 LVILLE CITY ATTORNEY:
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113 W. Mountain, State 302
?OR PURPOSES OF SETTLEMENT NEGOTIATIONS ONLY. Fayetteville, AR 72701-6083
April 24, 2012
•
The Spirits Shop, Inc.
c/o Donald Johnston
VIA Facsimile 479-521-1650
Re: Cttv of Fayetteville v. The Stints Shop. Inc. Wash. Co. Case No. CV 12-654-7
Dear Mr. Johnston:
As we discussed during our meeting today. with City representatives Chris Brown and
Matt Casey, the City is willing to settle the above -referenced condemnation case concerning the
easement along North Garland owned by The Spirits Shop, Inc. for a total of $16,900.00, subject
to approval of the Mayor and City Council of Fayetteville.
If this is acceptable, please have an authorized representative of The Spirits Shop, Inc.
indicate acceptance on the bottom of this letter and feel free to retum fax it to me at 479-575-
2315. Should you desire to accept, we will begin working on preparing the settlement approval
paperwork and presenting the agreement to the Mayor and City Council for their approval as
soon as possible.
This offer will expire if not accepted by 9:00 a.m., Monday, April 30, 2012.
Sin rely,
cc: C. Brown
M_' Casey
CCE
Jason 13. Kelley
Assistant City Attorney
Au orized Rep
eneS•iri' Shop, Inc.
Date:. A- or i to
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THE SPIRITS SHOP INC.
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EXHIBIT
SEP. 2011
15
12-0031 Don Johnston; Spirits Shop.doc