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...
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