Explanation
This Ordinance authorizes the payment of a settlement in the lawsuit of Dorothy J. Toki, et al., v. City of Columbus, et al., Franklin County Court of Common Pleas Case No. 02CVC-11-12181, in the amount of One Hundred Eighty Thousand Dollars ($180,000.00).
Fiscal Impact: The 2004 budget included $1,080,000 in the citywide account for claims and settlements. These funds have been exhausted on claims and settlements processed prior to this ordinance. Funds set aside in Finance's citywide account for other purposes will have to be used to pay this claim. It should be noted, that Finance's mid-year review did not include projected expenditures for claims and settlements beyond the original $1,080,000 appropriation.
Emergency Designation: This ordinance is being submitted as an emergency measure in order to pay the settlement amount in a timely manner.
Title
To authorize and direct the City Attorney to settle the claims Dorothy J. Toki, Brandi Michelle Toki, and Albert Travis Toki in the case of Dorothy J. Toki, et al., v. City of Columbus, et al., Case No. 02CVC-11-12181 in the Franklin County Court of Common Pleas, to authorize the transfer of One Hundred Eighty Thousand Dollars ($180,000.00) within the general fund from the Department of Finance to the Department of Public Safety, Division of Fire, and to authorize the expenditure of the sum of One Hundred Eighty Thousand Dollars ($180,000.00) and to declare an emergency.
Body
WHEREAS, on July 15, 2002, a City of Columbus fire truck crashed into the Patrick J's restaurant located at 2711 North High Street, Columbus, OH; and,
WHEREAS, Dorothy J. Toki and her adult children, Brandi Michelle Toki, and Albert Travis Toki, were patrons of the restaurant; and,
WHEREAS, Dorothy J. Toki, Brandi Michelle Toki, and Albert Travis Toki all received personal injuries; and,
WHEREAS, it is in the best interests of the City of Columbus to settle the claims of Dorothy J. Toki for One Hundred Sixty Thousand Dollars ($160,000.00), Brandi Michelle Toki for Five Thousand Dollars ($5,000.00), and Albert Travis Toki for Fifteen Thousand Dollars ($15,000.00); and,
WHEREAS, the settlement figure is a fair and reasonable sum to resolve this court action; and,
WHEREAS, sufficient funds are available within the Finance Department's citywide account to cover this settlement; and,
WHEREAS, by reason of the foregoing and in order to pay this settlement in a timely manner, an emergency exists in the usual daily operations of the City and for further preservation of 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 Auditor be and hereby is authorized and directed to transfer $180,000 within the general fund, fund no. 010 from the Finance Department, department/division 45-01, object level 1-10, object level 3-5501, OCA 904508, to the Department of Public Safety, Division of Fire, department/division 30-04, object level 1-05, object level 3-5533, OCA 301481.
Section 2. That the City Attorney be and hereby is authorized and directed to settle Case No. 02CVC-11-12181, Franklin County Court of Common Pleas, by the payment of One Hundred Sixty Thousand Dollars ($160,000.00) to Dorothy J. Toki, Five Dollars ($5,000.00) to Brandi Michelle Toki, and Fifteen Thousand Dollars ($15,000.00) to Albert Travis Toki and their attorney, Tim Van Eman.
Section 3. That for the purposes of paying this settlement, there be and hereby is authorized to be expended from the Department of Public Safety, Division of Fire, department/division 30-04, OCA Code 301481, Object Level 1-05, Object Level 3-5533, Fund No. 010, the sum of One Hundred Eighty Thousand Dollars ($180,000.00).
Section 4. That the City Auditor be and is hereby authorized to draw a warrant upon the City Treasurer in the sum of One Hundred Sixty Thousand Dollars ($160,000.00) payable to Dorothy J. Toki, Five Thousand Dollars ($5,000.00), payable to Brandi Michelle Toki, and Fifteen Thousand Dollars ($15,000.00) payable to Albert T. Toki, and Attorney Tim Van Eman, counsel for Plaintiffs, upon receipt of Releases of Claims approved by the City Attorney.
Section 5. That for the reasons stated in the preamble hereto, which is 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 day after passage if the Mayor neither approves nor vetoes the same.