Explanation
BACKGROUND: This Ordinance authorizes the payment of a settlement to Ralph E. Hazelbaker, Billie E. Hazelbaker and Rick L. Brunner, as legal counsel, in the case of Ralph E. Hazelbaker, et al., v. James P. Joyce, et al., United States District Court, Southern District of Ohio, Case No. C2-97-518. In 1997, the Hazelbakers sued the City of Columbus, individual employees of the Department of Public Utilities, Franklin County, its County Commissioners, and several private businesses, alleging damage to real property caused by flooding and erosion along the Sharon Run Creek in Sharon Township, Franklin County. A reasonable compromise by way of settlement of the litigation will be accomplished with this legislation.
FISCAL IMPACT: Funds were not specifically budgeted for this settlement; however, sufficient monies are available in the appropriate account to pay the amount of these claims.
Title
To authorize and direct the City Attorney to settle the claims of Ralph E. Hazelbaker and Billie E. Hazelbaker in the case of Ralph E. Hazelbaker, et al. v. James P. Joyce, et al,. United States District Court, Southern District of Ohio, Case No. C2-97-518, and to authorize the expenditure of the sum of Eighty-Five Thousand Dollars and no cents ($85, 000.00), and to declare an emergency.
Body
WHEREAS, the Hazelbakers filed suit against the City of Columbus, James Joyce, Michael Martin, James Coffey, Franklin County, Dorothy Teater, Arlene Shoemaker, Dewey Stokes, Mildred James, Bob Evans Farms, Inc. General Electric Capital Corp., Boston Chicken, and P & L Services L.L.C., in Case No. C2-97-518 in the United States District Court for the Southern District of Ohio, claiming violation of Fifth and Fourteen Amendment rights under the U.S. Constitution and 42 U.S.C. ยง 1983; and,
WHEREAS, the Hazelbakers allege development along Bethel Road in the City of Columbus during the late 1980's and early 1990's increased the flow of stormwater into the Sharon Hills Run Creek which runs through the Hazelbaker's residential property;
WHEREAS, the Hazelbakers alleged that due to the increase flow significant erosion and flooding of their property occurred resulting in a taking of property without just compensation under the Fifth Amendment.
WHEREAS, Franklin County undertook construction and widened the culvert under Olentangy River Road, at a cost of over $150,000, which has diminished flooding to the Hazelbaker property.
WHEREAS, the Court dismissed the private businesses upon motion and the City of Columbus and Franklin County were the remaining defendants. The parties then engaged in mediation with the Court's assistance and the City of Columbus was able to negotiate a settlement in the total amount of $85,000 which includes any and all claims which the Hazelbakers may have, including attorney fees, against the City and its employees.
WHEREAS, due to the facts involved in these claims, although said facts are in dispute, the settlement figure is a fair and reasonable sum to resolve the Court action.
WHEREAS, by reason of the foregoing 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 Attorney is hereby authorized and directed to settle Case No. C2-97-518, in the United States District Court for the Southern District of Ohio, by the payment of Eighty-five Thousand Dollars and no cents ($85,000.00) to Ralph E. Hazelbaker, Billie E. Hazelbaker and their attorney Rick L. Brunner.
Section 2. That for the purposes of paying this settlement, there hereby is authorized to be expended by the Department of Public Utilities, Division of Sewers and Drains, Division No. 60-15, OCA Code 685807, project 610807, Object Level Three 5539, Storm Sewer Bonds Fund No. 685, the sum of Eighty-five Thousand Dollars and no cents ($85,000.00).
Section 3. That the City Auditor hereby is authorized to draw a warrant upon the City Treasurer in the sum of Eighty-five Thousand Dollars ($85,000.00) payable to Ralph E. Hazelbaker, Billie E. Hazelbaker and Rick L. Brunner, Attorney.
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.