Explanation
BACKGROUND: This ordinance is submitted to settle the lawsuit known as Terence Tabaczynski v. The City of Columbus, et al., United States District Court Case No. C2-02-536, in the amount of $39,000.00.
FISCAL IMPACT: Funds are available for this settlement that will cost $39,000.00.
Title
To authorize and direct the City Attorney to settle the lawsuit of Terence Tabaczynski v. The City of Columbus, et al., United States District Court Case No. C2-02-536, to authorize the expenditure of $39,000.00, and to declare an emergency.
Body
WHEREAS, there was a burglary at the Dairy Queen located at 811 Park Road in Columbus on October 3, 2001, in which the telephone lines and burglar alarm wires outside the building were cut ; and
WHEREAS, a fingerprint was lifted from an outside utility box near where the lines and wires had been cut, and the fingerprint was that of Terence Tabaczynski; and
WHEREAS, a warrant for the arrest of Mr. Tabaczynski was issued and he spent two nights in jail, when his fingerprint was on the utility box because he was the Ameritech repairman who repaired the damage after the burglary; and
WHEREAS,it is in the best interests of the City to settle this case for a total of $39,000.00;
WHEREAS, by reason of the foregoing an emergency exists in the usual daily operations of the City and it would be to the City's best interest to compromise and settle this matter and for further preservation of the public health, peace, property, safety and welfare, now, therefor:
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 lawsuit of Terence Tabaczynski v. The City of Columbus, et al., United States District Court, Southern District of Ohio, Eastern Division, Case No. C2-02-536, by the payment of $39,000.00, as a reasonable and fair amount in the best interests of the City of Columbus.
Section 2. That for the purposes of paying this settlement, there be and hereby is authorized to be expended by the Department of Public Safety, Division of Police, Division No. 30-03, OCA Code 301382, Object Level One 05, Object Level Three 5539, Fund No. 010the sum of $39,000.00.
Section 3. That the City Auditor be and is hereby authorized to draw a warrant upon the City Treasurer in the sum of $39,000.00 payable to Terence Tabaczynski and his attorney, James McNamara upon receipt of a voucher and a release approved by the City Attorney.
Section 4. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.