Explanation
BACKGROUND On December 21, 2003 Division of Water employee Timothy S. Spears was operating a 2000 Chevrolet Silverado 1500 4x 4 Pickup Extended Cab Short Bed truck, city tag # RT470094, Brass Tag # 21368 southbound on Dublin Road. Carol Siplivy was operating a 1997 Chevrolet Malibu, Ohio license tag #APK3545, traveling northbound on Dublin Road when her automobile ran off the side of the road on her passenger side onto the berm. Ms. Siplivy jerked her automobile back onto the roadway overcompensating in doing so. Ms Siplivy's vehicle then traveled directly toward Mr. Spears in his lane. To avoid a head on collision, Mr. Spears steered his vehicle into the northbound lane of traffic because there were no other vehicles behind Ms. Siplivy's vehicle. Mr. Spear's vehicle was struck on the passenger side by Ms. Siplivy's vehicle leaving her bumper and license plate stuck in and protruding out of the passenger side rear wheel well. Due to the impact both air bags on Mr. Spears vehicle deployed. Ms. Siplivy was cited for failure to control. Ms. Siplivy's insurance company has agreed to settle with the City of Columbus Division of Water in the amount of $14,944.67 with the stipulation that the City of Columbus release the title to the totaled vehicle to the insurance company.
FISCAL IMPACT City vehicle Brass Tag # 21368 was a total loss.
Title
To authorize and direct the City Attorney to settle the property damage claim of the City of Columbus against Carol E. Siplivy; to authorize the transfer of title of City of Columbus, 2000 Chevrolet 1500 4x4 Pickup Extended Cab Short Bed truck, BT#21368, to State Farm Insurance Company; and to declare an emergency.
Body
WHEREAS, on December 21, 2003 an accident occurred between a Division of Water vehicle driven by city employee Timothy S. Rogers and a vehicle operated by Carol E. Siplivy; and
WHEREAS, this accident was the result of Carol E. Siplivy's failure to control her vehicle; and,
WHEREAS, the subject vehicle owned by the City of Columbus e.g. 2000 Chevrolet Silverado 1500 4x4 Pickup Extended Cab Short Bed truck, Brass Tag # 21368 is a total loss as a result of said accident; and,
WHEREAS, City of Columbus has demanded compensation for its loss from Carol E. Siplivy and/or her motor vehicle insurance carrier, e.g. State Insurance Company; and,
WHEREAS, the parties have agreed to settle the City's claim by paying the City the sum of Fourteen Thousand Nine Hundred Forty Four Dollars and 67/100 ($14,944.67) in exchange for the transfer of the salvage title of the subject vehicle to State Farm Insurance Company; said vehicle not be to transferred until all equipment unique to the City of Columbus Division of Water has been removed; and,
WHEREAS, a settlement in the above-stated amount in exchange for transfer of salvage title is deemed reasonable; and,
WHEREAS, The Columbus City Code1959, section 329.27 authorize waiver of regulations; and,
WHEREAS, It is in the best interest of the City to waive section 329.26 of the Columbus City Code 1959; and,
WHEREAS, an emergency exists in the usual daily operation of the Division of Water in that it is immediately necessary to transfer the title of the subject motor vehicle [2000 Chevrolet Silverado 1500 4x4 1500 Pickup Extended Cab Short Bed truck, Brass Tag # 21368] to preserve public 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 property damage claim of the City of Columbus against Carol E. Siplivy and his insurance carrier, State Farm Insurance Company by transferring title to the 2000 Chevrolet Silverado 1500 4x4 1500 Pickup Extended Cab Short Bed truck Brass Tag # 21368 in exchange for payment in the amount of Fourteen Thousand Nine Hundred Forty Four Dollars and 67/100 ($14,944.67) as a reasonable settlement in the best interest of the City.
Section 2. That the settlement is for the purpose of this ordinance and is not an admission of liablity for the claim arising out of the incident as set forth herein.
Section 3. That for the purposes of effectuating this settlement, the City of Columbus, Public Service Department, Division of Fleet Management, is hereby authorized and directed to transfer salvage title to State Farm Insurance Company upon receipt by the Auditor of payment in the sum of Fourteen Thousand Nine Hundred Forty Four Dollars and 67/100($14,944.67).
Section 4. That for 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 if the Mayor neither approves nor vetoes the same.