Explanation
BACKGROUND: To authorize the City Attorney to represent the Short North Special Improvement District (the "SID") in litigation concerning the construction and remediation of the North High Street Ornamental Illuminated Street Arches Project (the "Project"). Pursuant to a contract with the SID, the City agreed to fund the Project. The Project has encountered operational problems and repair and remediation is required. Mediation to secure repair of the Project has failed and litigation is necessary to protect the interests of the City and the SID. The SID has requested that the City Attorney represent it in the anticipated litigation. A copy of the SID's resolution seeking the City Attorney's representation is attached hereto.
FISCAL IMPACT: No funding is required as the City is a party to the Project and the interests of the City and the SID are identical. Litigation in the name of both the City and SID will result in no additional cost.
Title
To authorize the City Attorney to represent the Short North Special Improvement District in litigation concerning the North High Street Ornamental Illuminated Street Arches Project and to declare an emergency.
Body
WHEREAS, the City of Columbus, Ohio is a party to, and funding source for, the construction project known as the North High Street Ornamental Illuminated Street Arches Project (the "Project"); and
WHEREAS, the Short North Special Improvement District, a not for profit organization created pursuant to Ohio Revised Code Chapter 1710, has requested and authorized by resolution that the City Attorney represent its interests in anticipated litigation over the construction and remediation of the Project; and
WHEREAS, it is necessary that the City Attorney commence litigation to protect the interests of the City of Columbus in the Project; and
WHEREAS, for purposes of continuity and consistency in legal representation and because an emergency exists in the usual daily opera...
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