Explanation
This ordinance is submitted to settle the pre-litigation claim filed by the Central Ohio Transit Authority (COTA) against the Department of Public Utilities, as a result of a June 23, 2008 accident. Because the statute of limitations was about to expire, a civil suit,Central Ohio Transit Authority vs. The City of Columbus and Randy Pepper, Case No. 2010 CVH 069389, was filed in the Court of Common Pleas, Franklin County, Ohio on June 23, 2010.
On June 23, 2008, City of Columbus employee Randy Pepper was involved in an accident at the intersection of Summit Street and 11th Avenue, in which a COTA bus was damaged. Our employee was cited in the accident for Failure to Obey a Traffic Control Device and determined to be at fault by the Department. Several claims have previously been settled in relation to this accident. The amount listed represents the cost incurred by COTA for repair of their vehicle, along with clean up fees associated with the diesel fuel spill.
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 Central Ohio Transit Authority arising out of a June 23, 2008 motor vehicle accident and to authorize the expenditure of Seventy-Nine Thousand One Hundred Forty-Six and 65/100 Dollars ($79,146.65) in settlement of this claim, and to declare an emergency.
Body
WHEREAS, on June 23, 2010, Plaintiff filed a lawsuit in the Court of Common Pleas, Franklin County, Ohio, Civil Division, Case No. 2010 CVH 069389, against the City of Columbus and Randy Pepper in which they claim negligence and recklessness, and
WHEREAS, following an internal investigation and review of the Plaintiff's claim, the parties reached an agreement to settle this matter for the total amount of Seventy-Nine Thousand One Hundred Forty-Six and 65/100 Dollars (79,146.65). The settlement was deemed acceptable by the City of Columbus, along with dismissal of the lawsuit with prejudice and a release of the City of Columbus and its employee from any further liability and
WHEREAS, an emergency exists in that it is immediately necessary to settle this claim in a timely manner and eliminate any impending lawsuit filed by COTA, as a result of the two year statute of limitations being reached; 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 all claims against the City of Columbus, its officers, agents and employees pending in the case known as Central Ohio Transit Authority vs. The City of Columbus and Randy Pepper, Case No. 2010 CVH 069389 in the Court of Common Pleas, Franklin County, Ohio, Civil Division by payment of Seventy-Nine Thousand One Hundred Forty-Six and 65/100 Dollars (79,146.65) 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 paid from water fund 600, OCA 601849, MOC 5572, the sum of Seventy-Nine Thousand One Hundred Forty-Six and 65/100 Dollars (79,146.65).
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 approved by the City Attorney, in the amount of Seventy-Nine Thousand One Hundred Forty-Six and 65/100 Dollars (79,146.65) payable to Central Ohio Transit Authority.
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. That this ordinance shall take effect from and after the earliest period allowed by law.