LEGISLATIVE RESEARCH CENTER
File #: 15-263    Name:
Type: General Business Status: Passed
File created: 7/30/2015 In control: Broken Arrow City Council
On agenda: 8/4/2015 Final action: 8/4/2015
Title: Consideration, discussion, possible approval of and authorization to execute Resolution No. 887, a Resolution authorizing the City Attorney to agree to Entry of Judgment without admitting liability in the matter of First Pryority Bank v. City of Broken Arrow, Wagoner County District Court, Case No. CJ-2015-0180; and directing the City Attorney to prepare and file the necessary documents to effectuate settlement, including a Journal Entry incorporating the Resolution of the Court's approval, pursuant to 51 O.S. ? 158
Attachments: 1. 08-04-2015 Resolution for Settlement of JEJ.pdf
Broken Arrow City Council
Meeting of: 08-05-15

To: Mayor and City Council
From: Office of the City Attorney
Title:
title
Consideration, discussion, possible approval of and authorization to execute Resolution No. 887, a Resolution authorizing the City Attorney to agree to Entry of Judgment without admitting liability in the matter of First Pryority Bank v. City of Broken Arrow, Wagoner County District Court, Case No. CJ-2015-0180; and directing the City Attorney to prepare and file the necessary documents to effectuate settlement, including a Journal Entry incorporating the Resolution of the Court's approval, pursuant to 51 O.S. ? 158
End
Background:
On June 4, 2015, First Pryority Bank filed Case No. CJ-2015-0180 in the District Court of Wagoner County and by virtue thereof, alleged the City of Broken Arrow demolished its abandoned house located at 2400 East 71st Street South, Broken Arrow, Oklahoma, without proper notice to First Pryority Bank.
On December 3, 2013, the City of Broken Arrow Neighborhood Improvement Officer mailed a Notice to Abate a Nuisance Public Hearing regarding property located at 2400 East 71st Street South, Broken Arrow, Oklahoma, 74014, to the owner of record as shown by the Wagoner County Treasurer advising the owners of the requirement to rehabilitate or demolish the structure on the property, and of the Public Hearing scheduled for January 9, 2014.
In addition, the City of Broken Arrow Neighborhood Improvement Officer provided notice by physically posting the Notice to Abate a Nuisance Public Hearing on the property at 24001 S.E. 71st Multiple photographs were also taken which documented the dilapidated, unsafe condition of the property as of December 3, 2013. A mortgage and ownership record search was performed at the Wagoner County land records for the address, 2400 East 71st Street South, Broken Arrow, Oklahoma 74014, but not by its legal descrip...

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