Explanation
This ordinance will authorize the City Attorney to settle a claim on behalf of the Department of Recreation and Parks. On July 26, 2005, Mr. Gary A. Bartlett was performing his duties as a pizza delivery employee for Grandma's Pizza 1242 Parsons Ave. After delivering a pizza to the Fairwood Ave. pool, the front gate of the Fairwood Ave. Recreation Center swung open causing injury to Mr. Bartlett. This settlement is being offered to reimburse Mr. Bartlett for his medical expenses, pain and suffering.
Title
To authorize the City Attorney to settle a claim against the Department of Recreation and Parks, to authorize the expenditure of Twenty Six Thousand Five Hundred Dollars ($26,500.00), and to declare an emergency. ($26,500.00).
Body
Whereas, following investigation and evaluation of the claim, the parties have reached an agreement to settle this matter for the total amount of Twenty Six Thousand Five Hundred Dollars ($26,500.00) in exchange for a release of the City and its employees from any further liability, and
Whereas, settlement of this matter was deemed to be acceptable by the Department of Recreation and Parks, and to be in the best interest of the City and,
Whereas, an emergency exists in the usual daily operation of the Department of Recreation and Parks in that it is immediately necessary to appropriate and expend funds to pay this settlement so the Department can meet its obligation to the injured party at the earliest possible date; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS,OHIO:
Section 1. That the City Attorney be and hereby is authorized and directed to settle all claims against the City of Columbus, its officers, agents and employees brought against it as a result of an accident involving City property on July 26, 2005, by payment of Twenty Six Thousand Five Hundred Dollars and No Cents ($26,500.00) 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 be, and hereby is, authorized to be expended by the Department of Recreation and Parks from Operating Fund No. 285, OCA 510289 and Object Level 03 5535, the sum of Twenty Six Thousand Five Hundred Dollars and No Cents ($26,500.00).
Section 3. That the City Auditor be and is hereby authorized to draw a warrant upon the City Treasurer upon receipt of a voucher and release approved by the City Attorney in the amount of $26,5000.00 payable to Gary Bartlett and his attorney Joseph Pursglove, II.
Section 4. That for the reasons 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.