Explanation
BACKGROUND: This Ordinance authorizes the payment of attorney fees and court costs to J. Michael Murray Esq., as legal counsel in the case of Franklin Jefferson, Ltd., et al v. City of Columbus, United States District Court, Southern District of Ohio, Case No. 2:02cv55.
FISCAL IMPACT: There are sufficient funds in the 2003 Building Services Division, Development Services Fund budget to cover these costs.
Emergency action is required achieve prompt resolve of this matter before fiscal year-end closing.
Title
To authorize & direct the Development Director to pay the attorney fees and court costs to J. Michael Murray Esq., as legal counsel in the case of Franklin Jefferson, Ltd, et al v. City of Columbus, United States District Court, Southern District of Ohio; to authorize the expenditure $47,136.52 from the Development Services Fund; and to declare an emergency. ($47,136.52)
Body
WHEREAS, Franklin Jefferson, Ltd. et al filed suit against the City of Columbus in Case No. 2:02cv55 in the United States District Court for the Southern District of Ohio, seeking relief from Ordinance 1425-01 which regulated adult business in the City; and
WHEREAS, the Court granted a preliminary injunction enjoining enforcement of Ordinance 1425-01 on May 6, 2002; and
WHEREAS, on February 13, 2003, the Court granted Plaintiffs Summary Judgment and permanently enjoined the City from enforcing Ordinance 1425-01; and
WHEREAS, the Court granted Plaintiff's application for attorney fees in the amount of Forty-one thousand nine hundred eighty-five dollars; and
WHEREAS, the Plaintiff requested and received from the court reimbursement of expenses and costs in the amount of Five thousand one hundred fifty-one dollars and 52 cents; and
WHEREAS, by reason of the foregoing, an emergency exists in the usual daily operations of the City and for further preservation of the public health, peace, property, safety and welfare, now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the Development Director be and hereby is authorized and directed to pay the attorney fees and court costs in Case No. 2:09cv55, in the United States District Court for the Southern District of Ohio, by the payment of Forty-seven thousand one hundred thirty-six dollars and 52 cents ($47,136.52) to J. Michael Murray, Esq.
Section 2. That for the purposes of paying this award, there be and hereby is authorized to be expended by the Development Department, Building Services Division, Division No. 44-03, OCA Code 440372, Object Level One 05, Object Level Three 5539, Development Services Fund No. 240, the sum of Forty-seven thousand one hundred thirty-six dollars and 52 cents ($47,136.52).
Section 3. That the City Auditor be and is hereby authorized to draw a warrant upon the City Treasurer in the sum of Forty-seven thousand one hundred thirty-six dollars and 52 cents ($47,136.52) payable to J. Michael Murray, Attorney.
Section 4. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.