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AGENDA ITEM REVIEW FORM |
3.A.
Special City Council Meeting
- Meeting Date:
- 09/17/2025
- Department Head:
- Kay Macuil
- Submitted By:
- Kay Macuil, City Attorney, Attorney's Office
Action Requested:
Motion
Order
Order
ITEM:
Discussion and possible action on any and all matters regarding Order No. 2025-11. An Order of the City Council of the City of San Luis, Arizona, approving the settlement agreement, the joint motion for entry of consent decree, and the joint proposed consent decree for Case No. 2:24-cv-00534 Gethsemani Baptist Church versus the City of San Luis in the United States District Court for the District of Arizona; repealing conflicting provisions; and providing for severability. (Kay Marion Macuil, City Attorney)
SUMMARY:
The settlement agreement, joint motion, will be submitted to the United States District Court for the District of Arizona for a consent decree to end litigation resulting from the Gethsemani Baptist Church's lawsuit against the city filed on March 14, 2024. The settlement agreement will become effective upon the Federal Court accepting the settlement agreement and granting a consent decree based on the settlement terms.
Before the City Council is Order No. 2025-11, which adopts the settlement agreement, joint motion, and joint proposed consent decree. The terms are the equivalent of a conditional use permit. Because the Church is in a residential neighborhood, a conditional use is required. Payment of the settlement will be over two (2) budget years as described in the fiscal impact statement.
Before the City Council is Order No. 2025-11, which adopts the settlement agreement, joint motion, and joint proposed consent decree. The terms are the equivalent of a conditional use permit. Because the Church is in a residential neighborhood, a conditional use is required. Payment of the settlement will be over two (2) budget years as described in the fiscal impact statement.
RECOMMENDATION / SUGGESTED MOTION:
I MOVE TO APPROVE ORDER NO. 2025-11 ACCEPTING THE TERMS OF THE ATTACHED SETTLEMENT AGREEMENT AND APPROVING THE JOINT MOTION AND JOINT PROPOSED CONSENT DECREE.
Fiscal Impact
- IS THERE FISCAL IMPACT ASSOCIATED WITH THIS ITEM:
- Yes, pending the Order of the Federal Court
- CITY/STATE/FEDERAL FUNDS:
- City
- TOTAL:
- Please see the fiscal impact statement. $100,000 this Fiscal Year, $100,000 Next Fiscal Year
- BUDGETED AMOUNT:
- Part of the Council Contingency
- AVAILABLE AMOUNT TO TRANSFER:
- Not Applicable
- ACCT NAME & GL#/REMAINING BALANCE BEFORE PURCHASE:
- Council Contingency GL #100-110-81000 $300,000
FISCAL IMPACT STATEMENT (IF THIS IS A BUDGET TRANSFER, YOU MUST ATTACH THE BUDGET ADJUSTMENT FORM):
This item is only to approve the settlement agreement, the joint motion, and joint proposed consent decree. If approved by the Federal Court, this cost will become the order of the Court. Payment for this fiscal year will come from the City Council's Contingency.
The city will provide for re-striping of the Gethsemani Baptist Church parking lot to maximize the number of vehicles and to provide for two (2) parking spaces. It is anticipated that this will cost more or less $2,000, which will come from the Public Works, Highway User Division Budget.
The city will pay reasonable attorneys' fees for those representing Gethsemani Baptist Church in the amount of:
$100,000 to be paid during the fiscal year ending June 30, 2026, and
$100,000 to be paid during the fiscal year ending June 30, 2027, for a total of $200,000 over time without interest.
The city will provide for re-striping of the Gethsemani Baptist Church parking lot to maximize the number of vehicles and to provide for two (2) parking spaces. It is anticipated that this will cost more or less $2,000, which will come from the Public Works, Highway User Division Budget.
The city will pay reasonable attorneys' fees for those representing Gethsemani Baptist Church in the amount of:
$100,000 to be paid during the fiscal year ending June 30, 2026, and
$100,000 to be paid during the fiscal year ending June 30, 2027, for a total of $200,000 over time without interest.