LEGISLATIVE RESEARCH CENTER
File #: 17-1976    Name:
Type: General Business Status: Passed
File created: 3/15/2017 In control: Broken Arrow City Council
On agenda: 3/21/2017 Final action: 3/21/2017
Title: Consideration, discussion, and possible approval of Resolution No. 1004, a Resolution authorizing payment of attorney's fees and costs in the matter of City of Broken Arrow v. Bonnie E. Blalack Living Trust, Case No. CV-2013-00320
Sponsors: Broken Arrow City Council
Attachments: 1. 03-21-2017 RES NO. 1004 BLALACK.pdf

Broken Arrow City Council

                                                                                               Meeting of: 03-21-2017

                                                                                    

To:                     Mayor and City Council

From:                     Office of the City Attorney

Title: 

title

                     Consideration, discussion, and possible approval of Resolution No. 1004, a Resolution authorizing payment of attorney’s fees and costs in the matter of City of Broken Arrow v. Bonnie E. Blalack Living Trust, Case No. CV-2013-00320

End

Background:

On January 11, 2017, this matter was tried before Judge Rebecca Nightingale in the District Court in and for Tulsa County, Oklahoma.  The Defendant was awarded judgment against the City which exceeded the Commissioners’ award by 10%, thus entitling her to receive her attorney’s fees, court costs and expert witness fees.  The Defendant’s attorney has filed an Application for Assessment of Defendant’s Attorney’s Fees, Expert Witness Fees and Court Costs, requesting a $62,960.01 award consisting of $39,750.00 in attorney’s fees, $3,560.01 in Court Costs and $19,650.00 in expert witness fees. The Legal Department has reviewed this statement and found it reasonable under the circumstances considering the length and complexity of this matter.  In the event the City were to proceed with a hearing on this matter the Defendant would be entitled to additional fees and costs that could exceed $62,960.01.  Therefore, it is recommended that approval be made to pay $62,960.01 to resolve this matter.


Cost:                                                                $62,960.01

 

Prepared By:                                           Beth Anne Childs, City Attorney

 

Reviewed By:                                          Finance Department
                                    Assistant City Manager - Operations                                    

                                                               

Approved By:                      Michael L. Spurgeon, City Manager                                                                   

 

Attachments:                                          Resolution No. 1004

 

Recommendation:

Approve Resolution No. 1004 and authorize its execution