Background
This ordinance is submitted to settle the lawsuit known as Marko Stankovic, et al. v. City of Columbus, et al., Case No. 17CV-06-5374 in the Franklin County Court of Common Pleas, in the amount of one hundred thousand dollars and zero cents ($100,000.00). On June 23, 2016, Mr. Stankovic was in the course of his employment, driving a truck, when the road collapsed in part and his vehicle fell into a sinkhole. Various factors that could have contributed to the sudden collapse of the road are at issue, including unusually heavy rainfall and the condition of the culvert underlying the road, which is maintained by the Columbus Department of Public Utilities. Mr. Stankovic sustained physical injuries and lost work time. He filed a lawsuit against the City of Columbus and John Does, seeking compensatory damages, and his wife sought damages for loss of consortium.
FISCAL IMPACT: This ordinance is being processed to transfer budget authority from Object Class 07-Interest on City Debt to Object Class 05-Other Expenditures within the 2018 Storm Sewer Operating Fund Budget in order to align the budgeted funds with the projected needs for the payment of this damage claim.
Funds were not specifically budgeted for this settlement; however, this ordinance includes a transfer of $100,000.00 from Object Class 07-Interest on City Debt to Object Class 05-Other Expenditures to make the monies available within the Storm Sewer Operating Fund for this purpose. This ordinance is contingent on the passage of the 2018 Operating Budget, Ordinance #3009-2017.
EMERGENCY: Emergency action is requested for this ordinance to be effective immediately in order for the parties to effectuate the settlement of this lawsuit, which is in the best interest of the City and to pay the agreed to sum without delay.
Title
To authorize and direct the City Attorney to settle the case known as Marko Stankovic v. City of Columbus pending in the Franklin County Court of Common Pleas; to authorize the City Auditor to transfer $100,000.00 between Object Classes within the 2018 Storm Sewer Operating Fund Budget; to authorize the expenditure of the sum of $100,000.00 in settlement of this lawsuit; and to declare an emergency. ($100,000.00)
Body
WHEREAS, on June 15, 2017, a lawsuit was filed by Marko and Zora Stankovic in the Franklin County Court of Common Pleas, Case No. 17CV-06-5374, in which they sought damages related to a vehicular accident that occurred on June 23, 2016; and
WHEREAS, in connection with the settlement of claims against the City of Columbus and all employees past and present, the amount of one hundred thousand dollars ($100,000.00) to be paid by the City was deemed acceptable by the City, along with a dismissal of the case with prejudice, and a release of the City and its employees, past and present from any further liability; and
WHEREAS, the Division of Sewerage and Drainage - Stormwater Section has a need to transfer $100,000.00 between Object Classes in the 2018 Storm Sewer Operating Fund Budget to make the funds available for payment of this claim; and
WHEREAS, an emergency exists in the usual daily operations of the Department of Public Utilities, Division of Sewerage and Drainage - Stormwater Section, in that it is necessary for this ordinance to be effective immediately in order for the parties to effectuate the settlement of this lawsuit, which is in the best interest of the City, and to pay the agreed to sum without delay; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the transfer of $100,000.00 or so much thereof as many be needed, is hereby authorized between Object Classes within Fund 6200 Storm Sewer Operating Fund per the accounting codes in the attachment to this Ordinance.
SECTION 2. That the City Attorney be and hereby is authorized and directed to settle all the claims against the City of Columbus, its officers, agents, and employees pending in the case known as Marko Stankovic, et al. v. City of Columbus, et al., Case No. 17CV-06-5374 in the Franklin County Court of Common Pleas by payment of one hundred thousand dollars and zero cents ($100,000.00) as a reasonable and fair amount and in the best interest of the City of Columbus.
SECTION 3. That the funds necessary to carry out the purpose of this ordinance are hereby deemed appropriated, and the City Auditor shall establish such accounting codes as necessary.
SECTION 4. That the expenditure of $100,000.00, or so much thereof as may be needed, is hereby authorized in Fund 6200 Storm Sewer Operating Fund in object class 05-Other Expenditures per the accounting codes in the attachment to this ordinance.
SECTION 5. That the City Auditor be and is hereby authorized to draw a warrant upon the City Treasurer for the sum of one hundred thousand dollars ($100,000.00) payable to Marko and Zora Stankovic and their counsel, The Donahey Law Firm, upon receipt of a voucher and a release approved by the City Attorney.
SECTION 6. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to 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.