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File #: 2461-2003    Version: 1
Type: Ordinance Status: Passed
File created: 11/3/2003 In control: Development Committee
On agenda: 11/17/2003 Final action: 11/19/2003
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)
Date Ver.Action ByActionResultAction DetailsMeeting Details
11/19/20031 ACTING CITY CLERK Attest  Action details Meeting details
11/18/20031 MAYOR Signed  Action details Meeting details
11/17/20031 Columbus City Council ApprovedPass Action details Meeting details
11/17/20031 COUNCIL PRESIDENT Signed  Action details Meeting details
11/6/20031 CITY ATTORNEY Reviewed and Approved  Action details Meeting details
11/6/20031 Dev Drafter Sent to Clerk's Office for Council  Action details Meeting details
11/5/20031 Dev Drafter Sent for Approval  Action details Meeting details
11/5/20031 Auditor Reviewer Reviewed and Disapproved  Action details Meeting details
11/5/20031 Dev Drafter Sent for Approval  Action details Meeting details
11/5/20031 Auditor Reviewer Contingent  Action details Meeting details
11/5/20031 CITY AUDITOR Reviewed and Approved  Action details Meeting details
11/5/20031 Dev Drafter Sent for Approval  Action details Meeting details
11/5/20031 CITY ATTORNEY Reviewed and Disapproved  Action details Meeting details
11/5/20031 Dev Drafter Sent for Approval  Action details Meeting details
11/4/20031 Dev Drafter Sent for Approval  Action details Meeting details
11/4/20031 DEVELOPMENT DIRECTOR Reviewed and Approved  Action details Meeting details
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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