Title
To authorize and direct the City Attorney to settle the claim brought by Columbia Gas of Ohio against the City of Columbus, Department of Public Utilities, Division of Water and to authorize the expenditure of the sum of Twenty-Seven Thousand Five Hundred Ninety-Six Dollars and Eighty-Three Cents ($27,596.83) in settlement of this claim; and to declare an emergency.
Body
WHEREAS, following an investigation and evaluation of Columbia Gas of Ohios' claim for damages, the City Attorney has acknowledged and entered into an agreement to settle this matter for the total sum of Twenty-Seven Thousand Five Hundred Ninety-Six Dollars and Eighty-Three Cents ($27,596.83). The settlement amount was deemed acceptable by the Department of Public Utilities, Division of Water, along with a release of the City of Columbus and its employees from any further liability; and
WHEREAS, it is necessary, for the purposes of paying this settlement, to provide the City Auditor's Office with the authority to draw a warrant in the amount of Twenty-Seven Thousand Five Hundred Ninety-Six Dollars and Eighty-Three Cents ($27,596.83) payable to Columbia Gas of Ohio; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS
Section 1. That the City Attorney be and hereby is authorized and directed to settle the claim against the City of Columbus, Department of Public Utilities, Division of Water by payment of Twenty-Seven Thousand Five Hundred Ninety-Six Dollars and Eighty-Three Cents ($27,596.83) as a reasonable and fair amount and in the best interest of the City of Columbus.
Section 2. This ordinance is contingent upon the passage of Ordinance Number 1661-2008.
Section 3. That the City Auditor be and is hereby authorized to draw a warrant upon the City Treasurer, upon receipt of a voucher and a release approved by the City Attorney, in the amount of Twenty-Seven Thousand Five Hundred Ninety-Six Dollars and Eighty-Three Cents ($27,596.83) payable to Columbia Gas of Ohio.
Section 4: That the expenditure of $27,596.83, or so much thereof as may be needed, be and the same hereby is authorized from the Water System Operating Fund, Fund No. 600, OCA 601849, Object Level 3: 5534.
Explanation
This Ordinance is submitted to settle a claim involving the Department of Public Utilities, Division of Water and Columbia Gas of Ohio, in the amount of Twenty-Seven Thousand Five Hundred Ninety-Six Dollars and Eighty-Three Cents ($27,596.83). On October 2, 2007 the Division of Water was excavating in the vicinity of 3383 Morse Rd. to repair a damaged water line, when it inadvertently hit Columbia Gas' lines which were properly marked. Total damages are listed at $29,049.29, with the majority representing actual gas loss. A five percent discount was provided to bring the settlement balance to $27,596.83.
FISCAL IMPACT: This ordinance is contingent upon the passage of Ordinance Number 1661-2008 transferring appropriations within the Water System Operating Fund.