Label
Authorizing settlement of litigation
Department of Law
P. Syring (x1020)
Title
Authorizing the Mayor to enter into any necessary agreements to settle the litigation captioned City of Toledo v. Block Communications, Inc.; authorizing the Mayor to accept and deposit $300,000 in settlement funds into the Capital Improvement Fund; authorizing the expenditure of $20,000 from the Risk Management Fund in payment of professional services provided by the Spengler Nathanson law firm with respect to the litigation; and declaring an emergency.
Body
SUMMARY & BACKGROUND:
On June 11, 2021, the City of Toledo initiated in Lucas County Common Pleas Court a lawsuit captioned City of Toledo v. Block Communications, Inc. The lawsuit, among other things, sought to recoup approximately $972,474 expended by the City in connection with the Summit Street Roadways Improvement Project to relocate certain utility lines owned by Buckeye Cablesystem. The litigation focused on which party was responsible for the relocation costs.
During the pendency of the litigation, the parties were ordered by the Court to engage in mediation. Retired Judge James McMonagle conducted a mediation session, and the parties subsequently continued to negotiate until reaching the proposed resolution outlined here. The resolution calls for Buckeye to pay the City of Toledo $300,000, which will be deposited in the Capital Improvement Fund. It further calls for the Administration to introduce a separate ordinance proposing to amend Toledo Municipal Code Section 945.10, which addresses, among other things, when a facility owner is required to pay for relocation of facilities located in the public right of way. The resolution does not require Council to approve the proposed amendment to the TMC and, further, Council can exercise its full deliberative authority and take any course of action it determines is in the best interest of the City.
Finally, this ordinance authorizes the expenditure...
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