Label
PROPOSED AMENDMENT
Title
Pursuant to Toledo City Charter Section 111, the Director of Law is hereby directed to take any and all actions, including making a formal demand for repayment and filing legal action(s) in a court of competent jurisdiction, to seek reimbursement from any and all parties for costs incurred by the City for any revisions to privately owned facilities associated with the Summit Street Roadway Improvement Project; and declaring an emergency.
Summary
WHEREAS, the City of Toledo, pursuant to Ordinance 180-20, undertook the Summit Street Roadway Improvement Project, to "improve Summit Street from Lafayette to Jackson with a roadway reconstruction, a new waterline installation, and miscellaneous infrastructure improvements"; and
WHEREAS, pursuant to Toledo Municipal Code Section 945.10, the responsibility for relocation, removal or abandonment of privately-owned facilities located in the public right of way is the responsibility of the owner or operator of the facilities when it is determined that the relocation is reasonably necessary due to "the need to construct, repair, maintain, improve or use the right of way or public property"; and
WHEREAS, it has come to the attention of Council that some costs for relocation of privately-owned facilities were incurred by the City; and
WHEREAS, in the public interest and for the protection of taxpayer resources, it is appropriate for the City to seek recovery of these incurred costs; NOW, THEREFORE,
Be it resolved by the Council of the City of Toledo:
SECTION 1. Pursuant to Toledo City Charter Section 111, the Director of Law is hereby directed to take any and all actions, including making a formal demand for payment and filing legal action(s) in a court of competent jurisdiction, to seek reimbursement for costs incurred by the City of Toledo for any revisions the privately-owned facilities associated with the Summit Street Roadway Improvement Project.
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