Explanation
BACKGROUND: This Ordinance is submitted to settle the claim filed by Terry Travis against the City of Columbus, Division of Sewers and Drains for property damage that occurred during the malfunction of the flood gate, during several rain storms causing water to back up and flood the apartment building at 221 Dana Avenue owned by Terry Travis. Damages amounted to $54,000.00.
FISCAL IMPACT: Funds were not specifically budgeted for this settlement, but are available in the appropriate amount.
EMERGENCY DESIGNATION: This legislation is being submitted as an emergency in order to pay the settlement in a timely fashion.
Title
To authorize and direct the City Attorney to settle the claim of Terry Travis against the City of Columbus, Division of Sewers and Drains, in the amount of Fifty-four Thousand and 00/100 ($54,000.00); and to declare an emergency
Body
WHEREAS, On January 4, 2004, the City of Columbus received a very large amount of rainfall. The Renick Run pump is designed to automatically pump water out of the Renick area when water starts rising. On January 4, 2004 this pump failed causing excessive water damage to businesses and residents in this area; and
WHEREAS, the apartment complex located at 221 Dana Avenue owned by Terry Travis incurred major property damage as a result of this pump failure; and
WHEREAS, Terry Travis had to evacuate his tenants from the apartments, has incurred lost rent and has had to perform major repairs to the units in order for them to comply with City Code standards; and
WHEREAS, due to the circumstances involved in this situation a settlement in the amount of $54,000.00 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, in that it is immediately necessary to pay this settlement in a timely fashion thereby preserving the public health, peace, property, safety and welfare, now, therfore.
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 Terry Travis by payment of $54,000.00 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. 650, Department No.60-05, OCA Code 605006, Object Level (1) 05, Object Level (3) 5534, the sum of Fifty-four Thousand and 00/1000 Dollars ($54,000.00)
Section 3. That the City Auditor be and is hereby authorized to draw a warrant upon the City Treasurer one for the sum of Fifty-four Thousand and 00/100 Dollars ($54,000.00) payable to Terry Travis upon receipt of a voucher and a release approved by the City Attorney.
Section 4. 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.