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Date: 5/27/2011Board: City CommissionDocumentType: AgendaWeb Posted: 5/26/2011 1:25:00 PM



CALL FOR EMERGENCY SESSION OF THE SHAWNEE BOARD OF CITY COMMISSIONERS OF THE CITY OF SHAWNEE, OKLAHOMA TO BE HELD ON THE 27TH DAY OF MAY, 2011 AT 8:00 O’CLOCK A.M. IN THE CITY COMMISSION CHAMBERS OF CITY HALL, 16 W. 9TH, SHAWNEE, OKLAHOMA THE PURPOSE OF SAID MEETING WILL BE AN EXECUTIVE SESSION TO DISCUSS MEDIATOR RECOMMENDATIONS ON CONDEMNATION CASE CITY V. CHRISTOPHER RICK ETAL., C-09-1738; CITY V. DIANA COFFMAN TRUST ETAL., C-09-1736; AS RELATED TO THE KICKAPOO PAVING PROJECT AS AUTHORIZED BY 25 O.S. §307(B)(4) ON THE RECOMMENDATION OF COUNSEL THAT PUBLIC DISCUSSION WOULD COMPROMISE THE ABILITY OF THE CITY TO ADEQUATELY CONSIDER OFFERS; FURTHER TO CONSIDER MATTERS DISCUSSED IN EXECUTIVE SESSION REGARDING THE ABOVE ENTITLED CONDEMNATION CASES.

By virtue of the authority vested in me by Section 4, Article IV of the Charter of the City of Shawnee, Oklahoma, an Emergency Session of the Board of City Commissioners of the City of Shawnee, Oklahoma is hereby called to meet at the City Commission Chambers, 16 W. 9th, Shawnee, Oklahoma at 8:00 a.m. on May 27, 2011 to discuss mediator recommendations on condemnation case City v. Christopher Rick etal., C-09-1738; City v. Diana Coffman Trust etal., C-09-1736; as related to the Kickapoo Paving Project as authorized by 25 O.S. §307(B)(4) on the recommendation of counsel that public discussion would compromise the ability of the city to adequately consider offers; further to consider matters discussed in executive session regarding the above entitled condemnation cases.

Witness my hand this 25th day of May, 2011.

____________________________________
BRIAN MCDOUGAL
CITY MANAGER


(SEAL)

ATTEST:

__________________________________
PHYLLIS LOFTIS, CITY CLERK


A G E N D A

EMERGENCY CALLED MEETING

BOARD OF CITY COMMISSIONERS
MAY 27, 2011 AT 8:00 A.M.
CITY COMMISSION CHAMBERS AT CITY HALL
16 W. 9TH
SHAWNEE, OKLAHOMA

CALL TO ORDER

DECLARATION OF A QUORUM



1. Consider an Executive Session to discuss mediator recommendations on condemnation case City V. Christopher Rick Etal., C-09-1738; City V. Diana Coffman Trust Etal., C-09-1736; as related to the Kickapoo Paving Project as authorized by 25 O.S. §307(B)(4) on the recommendation of counsel that public discussion would compromise the ability of the city to adequately consider offers.

2. Consider matters discussed in Executive Session concerning mediator recommendations on condemnation cases City V. Christopher Rick Etal., C-09-1738; City V. Diana Coffman Trust Etal., C-09-1736; as related to the Kickapoo Paving Project as authorized by 25 O.S. §307(B)(4) on the recommendation of counsel that public discussion would compromise the ability of the city to adequately consider offers.




Respectfully submitted,



Phyllis Loftis
City Clerk



MEMORANDUM

TO: Mayor, City Commissioners, City Manager, City Clerk
FROM: City Attorney
DATE: May 25, 2011
RE: Request for Emergency Meeting to discuss and possibly act on settlement of City of Shawnee v. Diane Coffman Trust, et al. and City of Shawnee v. Christopher Rick, et al.

After two days of mediation, we have a recommendation from the mediator that needs to be considered. I am asking that you consider this in an emergency session. If we do not resolve this matter by the end of business on Friday, it will be necessary for the City to expend significant funds with our experts and to take further depositions in these cases.
In order to prevent these wasteful expenditures of tax dollars causing a financial loss to the City, I request that the Commission meet as soon as possible to determine whether to accept or reject the mediator’s recommendations as authorized by 25 O.S. 304.





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