Explanation
This ordinance authorizes the settlement of a suit filed by a customer of the Division of Water. The suit alleged that the Division of Water's termination procedures were unconstitutional, and the Sixth Circuit Court of Appeals agreed in part.
Title
To authorize and direct the City Attorney to settle the case of Hazel Golden, et al. v. City of Columbus, filed in the United States District Court for the Southern District of Ohio, Case No. C2-01-710; to authorize the expenditure of the sum of Fifty-Five Thousand Dollars ($55,000.00) as payment of the agreed-to settlement amount; and to declare an emergency.
Body
WHEREAS, the Equal Justice Foundation, on behalf of Hazel Golden and others, filed a lawsuit in federal court alleging that the Division of Water's service termination procedure violated various constitutional provisions, as well as other laws; and
WHEREAS, the City successfully defended itself against these allegations in the District Court; and
WHEREAS, the Equal Justice Foundation appealed to the Sixth Circuit, which Court agreed with the City on three issues, but found that the City's prior policies violated the Equal Protection clause of the United States Constitution; and
WHEREAS, the Division of Water has since changed its service termination practices; and
WHEREAS, it is in the best interest of the City of Columbus to resolve this matter; and
WHEREAS, an emergency exists in the usual daily operation of the Division of Water in that is immediately necessary to settle this pending claim in order to allow for the resolution of the decedent claimant's estate, thereby preserving the public peace, health, property, safety and welfare.
NOW THEREFORE,
Be it Ordained by the Council of the City of Columbus:
Section 1: That the City Attorney is hereby authorized to enter into a settlement agreement on behalf of the City of Columbus, Division of Water, with the estate of Hazel Golden and the Equal Justice Foundation in the case of Hazel Golden, et al. v. City of Columbus, Case No. C2-01-710, filed in the United States District Court, Southern District of Ohio. The settlement agreement may include the following:
a) Payment to the estate of Hazel Golden in the amount of $5,000; and
b) Payment to the Equal Justice Foundation in the amount of $50,000; and
c) Dismissal of all claims with prejudice.
Section 2. That for the purpose of paying the cost of this settlement, the expenditure of $55,000, or as much thereof as may be needed, be and the same hereby is authorized from the Water Systems Operating Fund as follows:
Division: 60-09, Fund 600, OCA 601849, Object Level 03 is 5531.
($55,000).
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 total amount of $55,000.00, in two separate warrants of $5,000 and $50,000, payable to the estate of Hazel Golden and to her counsel, the Equal Justice Foundation, respectively.
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 days after passage if the Mayor neither approves nor vetoes the same.