Explanation
This ordinance will authorize the City Attorney to settle a claim on behalf of the Department of Public Utilities, Division of Water. On September 24, 2005 Mr. Harold Elson and Mrs. Kathy Elson were involved in an accident at the intersection of Emerald Parkway and Tuttle Crossing Blvd. with a vehicle owned by the City of Columbus and operated by an employee of the Division of Water. The driver of the City owned vehicle was cited for "changing lanes without safety" by a Columbus Police Officer at the accident scene. As a result of this accident Mr. Elson has been paid $18,000.00 in settlement for his damage claims. Mrs. Kathy Elson subsequently made a separate claim for her injuries and a settlement in the amount of $11,100.00 has been agreed upon.
Title
To authorize the City Attorney to settle a claim from Mrs. Kathy Elson against the Department of Public Utilities, Division of Water to authorize the expenditure of Eleven Thousand One Hundred Dollars ($11,100.00) for personal injury due to an auto accident and to declare an emergency. ($11,100.00).
Body
WHEREAS, following investigation and evaluation of the claim, the parties have reached an agreement to settle this matter for the total amount of Eleven Thousand One Hundred Dollars ($11,100.00) in exchange for a release of the City and its employees from any further liability, and
WHEREAS, an emergency exists in the usual daily operation of the City in that settlement of this matter was deemed to be acceptable by the Department of Public Utilities, and that it is immediately necessary to appropriate and expend funds to pay this settlement so the Department of Public Utilities can meet its obligation to the injured party at the earliest possible date, thereby preserving the public health, peace, property, 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 all claims against the City of Columbus, its officers, agents and employees brought against it by Mrs. Kathy Elson as a result of an accident involving City property on September 24, 2005, by payment of Eleven Thousand One Hundered Dollars and No Cents ($11,100.00) 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, there be and hereby is authorized to be expended from the Department of Public Utilities, Division of Water Operating Fund No. 600, OCA 601849, Object Level Three 5562 the sum of Eight Thousand Eight Hundred Ninty Three Dollars and Eighty One Cents ($8,893.81) and Operating Fund No. 601849 and Object Level Three 5563 the sum of Two Thousand Two Hundred and Six Dollars and Nineteen Cents ($2,206.19).
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 amount of $11,100.00 payable to Kathy Elson and her attorney Richard F. Marquardt Co., LPA.
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.