Explanation
This ordinance is submitted to settle the claim involving the Department of Public Utilities, Division of Electricity and The Wood Companies, in the amount of Twenty-Eight Thousand Seventy-One Dollars and Forty-Eight Cents ($28,071.48). In March of 1990, a City crew for the Division of Electricity planted an electrical pole in the alley behind 772 North High Street, a property owned by The Wood Companies.This building sits at the corner of High Street and Hubbard Avenue. At the time of installation, the City crew sunk a guy wire anchor into the sewer lateral leading to 772 North High Street. Over the years, the sediment and rocks accumulated in the line until the line was completely blocked. This amount represents the work items, materials, labor and procedures associated with repairing the sanitary sewer line.
FISCAL IMPACT: Funds have not been specifically budgeted for this settlement but are available in the appropriate account.
Title
To authorize and direct the City Attorney to settle the claim brought by The Wood Companies against the City of Columbus, Department of Public Utilities, Division of Electricity; to authorize the expenditure of Twenty-Eight Thousand Seventy-One Dollars and Forty-Eight Cents ($28,071.48) in settlement of this claim; and to declare an emergency.
Body
WHEREAS, following an investigation and review of the Claimant's claim, the parties reached an agreement to settle this matter for the total amount of Twenty-Eight Thousand Seventy-One Dollars and Forty-Eight Cents ($28,071.48). The settlement was deemed acceptable by the City of Columbus, Department of Public Utilities, Division of Electricity, along with a release of the City of Columbus and its employees from any further liablity; and
WHEREAS, an emergency exists in the usual daily operation of the City in that it is immediately necessary to pay this settlement at the earliest possible date to avoid the possibility of litigation and for the preservation of the public peace, health, 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 claim filed by The Wood Company against the City of Columbus, Department of Public Utilities, Division of Electricity by payment of Twenty-Eight Thousand Seventy-One Dollars and Forty-Eight Cents ($28,071.48) as a reasonable and fair amount and in the best interest of the City of Columbus.
SECTION 2. That for the purpose of paying this settlement, the sum of Twenty-Eight Thousand Seventy-One Dollars and Forty-Eight Cents ($28,071.48) is authorized to be expended from electricity fund 550, object level (3) 5573, OCA 600700,
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 a release appoved by the City Attorney, in the amount of Twenty-Eight Thousand Seventy-One Dollars and Forty-Eight Cents ($28,071.48) payable to The Wood Companies.
SECTION 4. That for the reasons sated 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.