Explanation
This Ordinance is submitted to settle the lawsuit known as The Ohio Bell Telephone Company v. City of Columbus, Case No. 05-CVC-08-9214 in the Franklin County Court of Common Pleas, in the amount of Thirty-One Thousand Eight Hundred Forty-Five and No/100 Dollars ($31,845.00). City crews, while installing a handicap sign pole near the intersection of Cleveland Avenue and 13th Avenue in Columbus, damaged two cables owned by The Ohio Bell Telephone Company, a 600 pair "PIC" cable and a 900 pair pulp cable.
Fiscal Impact: Funds were not specifically budgeted for this settlement; however sufficient monies are available in the appropriate account to pay the amount this claim.
Title
To authorize and direct the City Attorney to pay the settlement amount to The Ohio Bell Telephone Company in the case of The Ohio Bell Telephone Company v. City of Columbus, Case No. 05-CVC-08-9214 in the Franklin County Court of Common Pleas, to authorize the expenditure of the sum of Thirty-One Thousand Eight Hundred Forty-Five and No/100 Dollars ($31,845.00) and to declare an emergency.
Body
WHEREAS, on Aug. 24, 2005, the Plaintiff filed a lawsuit in the Franklin County Court of Common Pleas, Case No. 05-CVC-08-9214, against the City of Columbus. The Plaintiff alleged property damage to two cable lines, a 600 pair "PIC" cable and a 900 pair pulp cable, during the installation of a City sign pole;
WHEREAS, following an evaluation of Plaintiff's claims in the course of litigation, the parties reached an agreement to settle this matter. Due to the dispute of this claim and the risks and uncertainties associated with continued litigation and trial, the settlement amount was deemed acceptable by the City of Columbus, along with dismissal of the lawsuit with prejudice and a release of the City of Columbus from further liability; and,
WHEREAS, by reason of the foregoing, and in order to avoid the possible payment of interest, an emergency exists in the usual daily operation of the City and for further preservation of the public health, peace, property, safety and welfare, 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 lawsuit of The Ohio Bell Telephone Company v. City of Columbus, Case No. 05-CVC-08-9214, in the Franklin County Court of Common Pleas, by the payment of the total of Thirty-One Thousand Eight Hundred Forty-Five and No/100 Dollars ($31,845.00) 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 City of Columbus, Department of Public Service, Division of Transportation, Division Number 5909, OCA Code 599108, Object Level One 05, Object Level Three 5534, Fund No. 265.
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 release approved by the City Attorney in the amount of $31,845.00 and to make payable to The Ohio Bell Telephone Company.
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 day after passage if the Mayor neither approves nor vetoes the same.