Explanation
BACKGROUND: This Ordinance is submitted to settle the claim filed by Matthew Tomko against the City of Columbus, Division of Transportation for personal injuries that occurred during an automobile accident. On November 10, 2002, Matthew Tomko was traveling westbound on East 11th Avenue approaching the entrance of The Ohio Expo. The driver for the Division of Transportation was pulling out of the parking lot of The Ohio Expo, failed to yield, and collided with Matthew Tomko's Ford Probe causing bodily injuries to Mr. Tomko. Damages amounted to $75,000.00.
FISCAL IMPACT: Funds were not 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 Matthew Tomko against the City of Columbus, Division of Transportation, to authorize the expenditure of the sum of Seventy-Five Thousand and 00/100 Dollars ($75,000.00) in settlement of this claim and to declare an emergency.
Body
WHEREAS, on November 10, 2002, Matthew Tomko was involved in a motor vehicle accident in which her vehicle was struck by a City dump truck that failed to yield out of a private driveway striking the front passenger side of Matthew Tomko's vehicle; and
WHEREAS, as result of that accident, Matthew Tomko sustained personal injuries for which the sum of Seventy-five Thousand and 00/100 Dollars ($75,000.00) has been determined to be a fair and reasonable amount in compensation; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Safety in that it is immediately necessary to pass this ordinance as an emergency measure because of the need to prevent further delays in claimant's receipt of setttlement money; now therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the City be and hereby is authorized and directed to settle all claims against the City of Columbus, its officers, agents, by payment of $75,000.00 as a reasonable and fair amount and in the best interest of the City of Columbus
Section 2. That for the purposes of paying this settlement, there be and hereby is authorized to be expended from fund No. 265, Department No.59-09, OCA Code 599122, Object Level (1) 05, Object Level (3) 5535, the sum of Seventy-five Thousand and 00/1000 Dollars ($75,000.00)
Section 3. That the City Auditor be and is hereby authorized to draw a warrant upon the City Treasurer one for the sum of Seventy-five Thousand and 00/100 Dollars ($75,000.00) payable to Matthew Tomko and Brant Rhoad upon receipt of a voucher and a release approved by the City Attorney.
Section 4. That for the reasonss 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.