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At study session, Tucson council authorizes litigation challenge, approves $150,000 tort settlement and moves forward on clerk selection
Summary
Council authorized the city attorney to challenge ARS §13-4296, approved settlement of a tort lawsuit for $150,000, directed staff to proceed with selecting a city clerk after executive session, and approved the consent agenda (including fiber license renewals) by roll call.
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During procedural business at the study session the council approved several formal actions announced in executive session and on the consent agenda.
- Litigation authorization: Council approved a motion to "authorize the city attorney to bring or participate in any act necessary … challenging ARS section 13‑4296 in whole or in part," and to pursue any necessary legal action regarding complaints under that statute, including litigation. The motion carried by voice vote.
- Settlement: Council approved authorizing the city attorney to settle the tort lawsuit discussed in executive session for $150,000. The motion was moved and seconded and carried by voice vote.
- City clerk selection: Council directed staff to proceed with the selection of the next city clerk as discussed in executive session; the motion carried by voice vote.
- Consent agenda and license renewals: The council approved consent agenda items a–h with items D–G (license agreements for use of public right of way for fiber) pulled for separate consideration. Councilmember Dahl explained that the fiber runs under consideration were previously licensed (first approved in November 1999), described limits on local discretion under state law, and moved to pass the four items; the council approved the pulled items and the overall consent agenda by roll call (recorded as 6–0).
No contested roll‑call tallies were recorded for the executive‑session motions (they passed by voice vote); the consent agenda vote was recorded as 6–0 in the transcript.
Next steps: The city attorney will proceed as authorized on litigation and settlement matters; clerk selection will proceed per direction from executive session; Councilmember Dahl offered to share additional licensing information with the public on request.

