Explanation
BACKGROUND: This ordinance is submitted to settle the lawsuit known as Gary A. Baker, Sr., et al. v. Yvonne N. Jordan, et al., Franklin County Court of Common Pleas, Case No. 08CVC-07-09471 in the amount of $22,500.00.
FISCAL IMPACT: Funds are available for this settlement that will cost $22,500.00.
Title
To authorize and direct the City Attorney to settle the lawsuit of Gary A. Baker, Sr., et al. v. Yvonne N. Jordan, et al., Franklin County Court of Common Pleas, Case No. 08CVC-07-09471, to authorize the expenditure of $22,500.00, and to declare an emergency.
Body
WHEREAS, on July 17, 2006, a Columbus Recreation and Parks Department employee was driving a van in the course and scope of employment when she changed lanes, which resulted in Gary A. Baker, Sr. swerving and hitting a cement beam thereby suffering personal injuries; and
WHEREAS, it is in the best interests of the City to settle this case for a total of $22,500.00; and
WHEREAS, by reason of the foregoing an emergency exists in the usual daily operations of the City and it would be in the City's best interests to compromise and settle this matter 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 be and hereby is authorized and directed to settle the lawsuit of Gary A. Baker, Sr., et al. v. Yvonne N. Jordan, et al., Franklin County Court of Common Pleas, Case No. 08CVC-07-09471, by the payment of $22,500.00, as a reasonable and fair amount in the best interests of the City of Columbus.
Section 2. That for the purposes of paying this settlement, there be and hereby is authorized to be expended by the Recreation and Parks Department, Division No. 51, OCA Code 510289, Object Level One 5, Object Level Three 5532, and Fund No. 285, the sum of $22,500.00.
Section 3. That the City Auditor be and is hereby authorized to draw a warrant upon the City Treasurer in the sum of $22,500.00 payable to Gary A. Baker, Sr., Annouise E. Baker, and their attorneys, Todaro & Wagoner, L.P.A., upon 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 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.