RESOLUTION introduced by City Manager Dr. Robert M. Perez, authorizing the City Attorney’s Office to initiate litigation.

(Approval will authorize the City Attorney's Office to initiate a lawsuit to seek judgement for damages resulting from a fiber cut on a City project.)

Action requires six (6) votes of the Governing Body.

Whether to authorize the City Attorney to initiate a lawsuit in Shawnee County District Court seeking a judgement for damages.

Staff recommends moving to approve the resolution as part of the consent agenda.

Pursuant to the caselaw of Imming v. Topeka, the Governing Body is required to take an affirmative vote to approve filing an action in district court and the potential damage amount exceeds the limit for the authority established in TMC 3.35.070.

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