City of Columbus - File #: 0420-2006

• File #: 0420-2006
• Version: 1
• Type: Ordinance
• Status: Passed
• File created: 2/17/2006
• In control: Safety Committee
• On agenda: 3/6/2006
• Final action: 3/8/2006
• Title: To authorize and direct the City Attorney to settle the case of Hazel Golden, et al. v. City of Columbus, filed in the United States District Court for the Southern District of Ohio, Case No. C2-01-710; to authorize the expenditure of the sum of Fifty-Five Thousand Dollars ($55,000.00) as payment of the agreed-to settlement amount; and to declare an emergency.

Date	Ver.	Action By	Action	Result
3/8/2006	1	CITY CLERK	Attest
3/7/2006	1	MAYOR	Signed
3/6/2006	1	Columbus City Council	Approved	Pass
3/6/2006	1	COUNCIL PRESIDENT	Signed
2/23/2006	1	Finance Reviewer	Reviewed and Approved
2/23/2006	1	FINANCE DIRECTOR	Reviewed and Approved
2/23/2006	1	Atty Drafter	Sent to Clerk's Office for Council
2/22/2006	1	Utilities Reviewer	Sent for Approval
2/22/2006	1	UTILITIES DIRECTOR	Reviewed and Approved
2/22/2006	1	Atty Drafter	Sent for Approval
2/17/2006	1	Atty Drafter	Sent for Approval
2/17/2006	1	Auditor Reviewer	Reviewed and Approved
2/17/2006	1	CITY AUDITOR	Reviewed and Approved
2/17/2006	1	Atty Drafter	Sent for Approval

Explanation

This ordinance authorizes the settlement of a suit filed by a customer of the Division of Water. The suit alleged that the Division of Water's termination procedures were unconstitutional, and the Sixth Circuit Court of Appeals agreed in part.



Title

To authorize and direct the City Attorney to settle the case of Hazel Golden, et al. v. City of Columbus, filed in the United States District Court for the Southern District of Ohio, Case No. C2-01-710; to authorize the expenditure of the sum of Fifty-Five Thousand Dollars ($55,000.00) as payment of the agreed-to settlement amount; and to declare an emergency.


Body

WHEREAS, the Equal Justice Foundation, on behalf of Hazel Golden and others, filed a lawsuit in federal court alleging that the Division of Water's service termination procedure violated various constitutional provisions, as well as other laws; and

WHEREAS, the City successfully defended itself against these allegations in the District Court; and

WHEREAS, the Equal Justice Foundation appealed to the Sixth Circuit, which Court agreed with the City on three issues, but found that the City's prior policies violated the Equal Protection clause of the United States Constitution; and

WHEREAS, the Division of Water has since changed its service termination practices; and

WHEREAS, it is in the best interest of the City of Columbus to resolve this matter; and

WHEREAS, an emergency exists in the usual daily operation of the Division of Water in that is immediately necessary to settle this pending claim in order to allow for the resolution of the decedent claimant's estate, thereby preserving the public peace, health, 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 to enter into a settlement agreement on behalf of the City of Columbus, Division of Water, with the estate of Hazel Golden and the Equa...