Explanation
BACKGROUND: This Ordinance is submitted to settle the claim filed by Karla Barnett against the City of Columbus, Division of Refuse for property damage and personal injuries that occurred during an automobile accident. On December 20, 2002, Karla Barnett was traveling eastbound on Bryden Road approaching Champion Avenue. The driver for the Division of Refuse was traveling on Champion Avenue, ran a red light, and collided with Karla Barnett's 1996 Mercury Sable causing damage to the vehicle and bodily injuries to Ms. Barnett. Damages amounted to $30,000.00.
FISCAL IMPACT: Funds were not specifically budgeted for this settlement, but are available in the appropriate amount.
Title
To authorize and direct the City Attorney to settle the claim of Karla Barnett against the City of Columbus, Division of Refuse, and to authorize the expenditure of the sum of Thirty Thousand and 00/100 Dollars ($30,000.00) in settlement of this claim and to declare an emergency.
Body
WHEREAS, on December 20, 2002, Karla Barnett was involved in a motor vehicle accident in which her vehicle was struck by a City garbage truck that had run a red light; and
WHEREAS, as result of that accident, Karla Barnett sustained personal injuries and property damage for which the sum of Thirty Thousand and 00/100 Dollars ($30,000.00) has been determined to be a fair and reasonable amount in compensation; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Safety in that it is immediately necessary to pass this ordinance as an emergency measure because of the need to prevent further delays in claimants receipt of setttlement money; now therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the City be and hereby is authorized and directed to settle all claims against the City of Columbus, its officers, agents, by payment of $30,000.00 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 fund No. 100, Department No.59-02, OCA Code 593566, Object Level (1) 05, Object Level (3) 5533, the sum of Thirty Thousand and 00/1000 Dollars ($30,000.00)
Section 3. That the City Auditor be and is hereby authorized to draw a warrant upon the City Treasurer one for the sum of Thirty Thousand and 00/100 Dollars ($30,000.00) payable to Karla Barnett and Otto Beatty Jr. upon receipt of a voucher and a release approved by the City Attorney.
Section 4. That for the reasons stated in the preamble hereto, which is made a part hereof, this ordinance shall take effect and be in force from and after the earliest period allowed by law. That for the reasonss 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.