City of Columbus - File #: 0090-2006

• File #: 0090-2006
• Version: 2
• Type: Ordinance
• Status: Passed
• File created: 1/9/2006
• In control: Safety Committee
• On agenda: 2/6/2006
• Final action: 2/8/2006
• Title: To authorize and direct the City Attorney to settle the claim of Ohio Packing Company against the City of Columbus, Division of Sewers and Drains, in the total amount of Two Hundred Eighty-five Thousand One Hundred Thirty-seven and 19/100 13/100 ($285,137.13) for property damage this business incurred as a result of flooding; and to declare an emergency ($258,137.13) ($285,137.13)

Date	Ver.	Action By	Action	Result
2/8/2006	2	CITY CLERK	Attest
2/7/2006	2	MAYOR	Signed
2/6/2006	1	Columbus City Council	Approved as Amended	Pass
2/6/2006	1	Columbus City Council	Amended as submitted to the Clerk	Pass
2/6/2006	2	COUNCIL PRESIDENT	Signed
1/23/2006	1	Atty Drafter	Sent for Approval
1/23/2006	1	CITY ATTORNEY	Reviewed and Approved	Pass
1/23/2006	1	Atty Drafter	Sent to Clerk's Office for Council
1/17/2006	1	Atty Drafter	Sent for Approval
1/17/2006	1	Auditor Reviewer	Reviewed and Approved
1/17/2006	1	CITY AUDITOR	Reviewed and Approved
1/12/2006	1	Finance Reviewer	Reviewed and Approved
1/12/2006	1	FINANCE DIRECTOR	Reviewed and Approved
1/11/2006	1	UTILITIES DIRECTOR	Reviewed and Approved
1/11/2006	1	Atty Drafter	Sent for Approval
1/10/2006	1	Utilities Reviewer	Sent for Approval
1/9/2006	1	Atty Drafter	Sent for Approval

Explanation

BACKGROUND: Ohio Packing Company has made a claim against the City of Columbus, Division of Sewers and Drains for property damage that occurred during  flooding in the Harmon Road area in January of 2004.  

This ordinance authorizes the City of Columbus, Division of Sewers and Drains to pay Ohio Packing Company for property loss as a result of the January 4, 2004 Flood.

Emergency action is requested so that reimbursement may be made at the earliest date possible.

Title

To authorize and direct the City Attorney to settle the claim of Ohio Packing Company against the City of Columbus, Division of Sewers and Drains, in the total amount of Two Hundred Eighty-five Thousand One Hundred Thirty-seven and 19/100 13/100 ($285,137.13)  for property damage this business incurred as a result of flooding; and to declare an emergency ($258,137.13) ($285,137.13)

Body

WHEREAS, on January 4, 2004, the City of Columbus incurred an excessive amount of rain fall that  required the Rennick Road pumps to be activated, this function failed and contributed to flooding in the Harmon Road area; and

WHEREAS, Ohio Packing Company  is a business located in the Rennick Road area and sustained property damage as a result of this error; and

WHEREAS, due to the circumstances involved in this matter a settlement figure in the amount of ($258,137.13)  ($285,137.13) is fair and reasonable; and

WHEREAS, an emergency exists in the usual daily operation of the Department of Public Utilities, Division of Sewers and Drains, and that is is immedicatly necessary to authorize such payment to reimburse this business 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 the claim of Ohio Packing Company by payment of $258,137.13  $285,137.13 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 is hereby authorized to be expended from the Department of Public Utilities, Division of Sewers and Drains Fund  No. 650, OCA, 605006, Object Level One 05, Object Level Three 5534, the sum of Two Hundred Eighty-five Thousand One Hundred Thirty-Seven Dollars and 13/100 ($285,137.13).

Section 3. That the City Auditor be and is hereby authorized to draw a warrant upon the city Treasurer in the sum of Two Hundred Eighty-five Thousand One Hundred Thirty-Seven Dollars and 13/100 ($285,137.13) payable to Ohio Packing Company and mailed to 1340 Emig Road, Columbus, Ohio 43223, upon the 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 hereby made a part herein, this ordinance is 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 (10) days after passage if the Mayor neither approves nor vetoes the same.