Explanation
BACKGROUND
On April 30, 2024, the City’s Director of Public Utilities issued a Director’s Order to Columbus Limestone, Inc., Shelly Materials, Inc. and The Shelly Company (collectively referred to as “Columbus Limestone”), alleging violations of Columbus City Codes Chapter 1150. Columbus Limestone appealed the Director’s Order. After consulting with state and federal regulatory agencies, the City has proposed conducting a regional flood plain study of the Scioto River, and the Department of Public Utilities has engaged consultants and other contractors for such purpose. The City has proposed a framework for settlement that includes Columbus Limestone’s involvement in the study process and a pro rata payment of the costs of the study.
Following an exchange of information as well as discussions between Columbus Limestone and the Department of Public Utilities, as well as their counsel, Columbus Limestone and the Department have decided it is in the best interest of the City to resolve the disputed Director’s Order by means of a settlement agreement. Therefore, this Ordinance is being submitted for City Council approval to authorize and direct the City Attorney, on behalf of the Director of the Department of Public Utilities, to enter into a settlement agreement with Columbus Limestone to resolve the disputed Director’s Order between the Department and Columbus Limestone. A negotiated draft settlement is attached to this Ordinance.
This Ordinance is being submitted to City Council per Section 335.012 of the Columbus City Codes because the estimated value of the settled claim(s) exceeds $20,000.00.
FISCAL IMPACT: This ordinance authorizes a deposit of $64,045.09 to be accepted by the Treasurer and deposited into Fund 6100, Sewer Operating Fund.
Title
To authorize and direct the City Attorney, on behalf of the Director of the Department of Public Utilities, to enter into a settlement agreement with Columbus Limestone, Inc. to resolve a disputed Director’s Order that alleges violations of Chapter 1150 of the Columbus City Codes and to accept a deposit of $64,045.09 to be deposited into the Sewer Operating Fund. ($64,045.09)
Body
WHEREAS, On April 30, 2024, the City’s Director of Public Utilities issued a Director’s Order to Columbus Limestone related to the location at 3401 Jackson Pike, Parcel ID 570-122550, alleging violations of Columbus City Code Chapter 1150; and
WHEREAS, Columbus Limestone appealed the Director’s Order (“Dispute”); and
WHEREAS, after consulting with state and federal regulatory authorities, the City has proposed conducting a flood plain study of the Scioto River to resolve the Dispute; and
WHEREAS, the Director of the Department of Public Utilities and Columbus Limestone have agreed to participate in a consensus approach to conducting said flood plain study of the Scioto River; and
WHEREAS, it is in the best interest of the City of Columbus to authorize the City Attorney, on behalf of the Director of the Department of Public Utilities, to enter into a settlement agreement with Columbus Limestone to resolve the Dispute as to the Director’s Order and alleged violations of Chapter 1150; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the City Attorney, on behalf of the Director of the Department of Public Utilities, is hereby authorized and directed to enter into a settlement agreement with Columbus Limestone for their pro rata share of a regional flood plan study and related terms and conditions involving Columbus Limestone in substantially the same form and on substantially the same terms as the agreement attached to this Ordinance as Exhibit A and incorporated herein by reference.
SECTION 2. That the City Attorney is hereby authorized to take all steps necessary to resolve these matters in accordance with the terms of the Settlement.
SECTION 3. That the Treasurer’s Office is hereby authorized and directed to accept from Columbus Limestone and deposit $64,045.09 into Fund 6100, Sewer Operating Fund.
SECTION 4. That this Ordinance shall take effect and be in force from and after the earliest period allowed by law.