Explanation
Citynet, LLC’s (“Citynet”) predecessor cross-bored conduits through a City of Columbus (“City”) sewer located under the intersection of Oak Street and Washington Ave. The conduits resulted in damage to the City sewer. In 2017, a utility crew found a void beneath the street caused by the cross-bored conduits. The City demanded that Citynet, who then owned the conduits, remove and relocate them but Citynet refused. Consequently, the City had to pay a contractor to remove and relocate Citynet’s conduits and to mend the break in the sewer caused by the encroaching conduits. This project cost the City $50,763.86.
In 2018, the City filed suit in the Franklin County Court of Common Pleas for trespass alleging that Citynet trespassed on City property by intentionally causing its conduits to remain cross-bored through the sewer. The Court found Citynet liable for trespass for failing to remove the conduits that were cross-bored through the City’s sewer when demanded to do so by the City. Although the Court granted summary judgment on liability for Citynet failing to remove the conduits, it found a genuine dispute of material fact regarding damages. More specifically, the Court found that Citynet is only liable for the damages proximately caused by “its failure to remove the conduits from the sewer and then reroute them.” The Court found that Citynet is not responsible for the damage caused when its predecessor drilled through the sewer and is therefore not required to pay for the cost of repairing the sewer. The total cost to remove and relocate the conduits and to repair the sewer was $50,763.86. The parties have agreed to settle the case for $29,069.63.
FISCAL IMPACT: This ordinance authorizes a deposit of $29,069.63 to be accepted by the Treasurer and deposited into the Sanitary Sewer Operating Fund (6100).
EMERGENCY DESIGNATION: Emergency designation is requested to expedite payment of the settlement to the City without delay. The City...
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