Explanation
BACKGROUND: This ordinance is submitted to settle the claim Tina Brown, Administrator of the Estate of Willie Wagner, Jr., in the amount of One Million Dollars ($1,000,000.00).
FISCAL IMPACT: Funds have not been specifically budgeted for this settlement, but are available in the appropriate amount.
Title
To authorize and direct the City Attorney to settle the claim of Tina Brown, Administrator of the Estate of Willie Wagner, Jr., against the City of Columbus, and to authorize the expenditure of the sum of One Million Dollars ($1,000,000.00) in settlement of this claim.
Body
WHEREAS, on May 22, 2003, Willie Wagner, Jr., was electrocuted after coming into contact with a light pole belonging to the City of Columbus on the Town Street Bridge; and
WHEREAS, Willie Wagner's mother, Tina Brown, has now presented a claim to the City for the death of her son; and
WHEREAS, the parties have agreed to settle the claim in the amount of One Million Dollars ($1,000,000.00), along with a release of the City of Columbus and all employees from any further liability;
WHEREAS, an emergency exists in the usual daily operations of the City, in order to expedite the settlement of this matter, and otherwise for the preservation of the public health, safety, and welfare,
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 all claims against the City of Columbus, its officers, agents, and employees presented by Tina Brown, as the Administrator of the Estate of Willie Wagner, Jr., by payment of One Million Dollars ($1,000,000.00) as a reasonable and fair amount, and in the best interests of the City of Columbus.
Section 2. That the City Auditor is hereby authorized to transfer the sum of One Million Dollars ($1,000,000.00) within the Department of Public Utilities, Division of Electricity 2004 appropriations, Division No. 6007, Fund No. 550 from OCA Code 606715, Object Level 1 - 02, Object Level 3 - 2233 to OCA Code 600700, Object Level 1 - 05, Object Level 3 - 5539.
Section 3. That for the purposes of paying this settlement, there be and hereby is authorized to be expended by the City of Columbus from the Electricity Division Operating Fund, Fund No. 550, Department No. 6007, OCA Code 600700, Object Level 1 - 05, Object Level 3 - 5539, the sum of One Million Dollars ($1,000,000.00).
Section 4. That the City Auditor be and is hereby authorized to draw a warrant upon the City Treasurer in the sum of One Million Dollars ($1,000,000.00), payable to Tina Brown, Administrator, and her attorney, Gerald S. Leeseberg, Esq., upon receipt of a voucher and a release approved by the City Attorney.
Section 5. 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.