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File #: 1151-2010    Version:
Type: Ordinance Status: Passed
File created: 7/13/2010 In control: Judiciary And Court Administration Committee
On agenda: 7/26/2010 Final action: 7/28/2010
Title: To authorize and direct the City Attorney to settle the claim brought by the Central Ohio Transit Authority arising out of a June 23, 2008 motor vehicle accident and to authorize the expenditure of Seventy-Nine Thousand One Hundred Forty-Six and 65/100 Dollars ($79,146.65) in settlement of this claim, and to declare an emergency.
Date Ver.Action ByActionResultAction DetailsMeeting Details
7/28/20102 CITY CLERK Attest  Action details Meeting details
7/27/20102 MAYOR Signed  Action details Meeting details
7/26/20101 Columbus City Council Amended to 30 dayPass Action details Meeting details
7/26/20102 Columbus City Council Waive the 2nd ReadingPass Action details Meeting details
7/26/20102 Columbus City Council Approved as AmendedPass Action details Meeting details
7/26/20102 COUNCIL PRESIDENT PRO-TEM Signed  Action details Meeting details
7/16/20101 Atty Drafter Sent for Approval  Action details Meeting details
7/16/20101 CITY ATTORNEY Reviewed and Approved  Action details Meeting details
7/16/20101 FINANCE DIRECTOR Reviewed and Approved  Action details Meeting details
7/16/20101 Atty Drafter Sent to Clerk's Office for Council  Action details Meeting details
7/16/20101 City Clerk's Office Sent back for Clarification/Correction  Action details Meeting details
7/16/20101 Atty Drafter Sent to Clerk's Office for Council  Action details Meeting details
7/16/20101 City Clerk's Office Sent back for Clarification/Correction  Action details Meeting details
7/16/20101 City Clerk's Office Sent back for Clarification/Correction  Action details Meeting details
7/16/20101 Atty Drafter Sent to Clerk's Office for Council  Action details Meeting details
7/15/20101 Auditor Reviewer Reviewed and Approved  Action details Meeting details
7/15/20101 CITY AUDITOR Reviewed and Approved  Action details Meeting details
7/15/20101 Atty Drafter Sent to Clerk's Office for Council  Action details Meeting details
7/15/20101 City Clerk's Office Sent back for Clarification/Correction  Action details Meeting details
7/14/20101 Atty Drafter Sent for Approval  Action details Meeting details
7/14/20101 Finance Reviewer Reviewed and Approved  Action details Meeting details
7/14/20101 Atty Drafter Sent for Approval  Action details Meeting details
Explanation

This ordinance is submitted to settle the pre-litigation claim filed by the Central Ohio Transit Authority (COTA) against the Department of Public Utilities, as a result of a June 23, 2008 accident. Because the statute of limitations was about to expire, a civil suit,Central Ohio Transit Authority vs. The City of Columbus and Randy Pepper, Case No. 2010 CVH 069389, was filed in the Court of Common Pleas, Franklin County, Ohio on June 23, 2010.

On June 23, 2008, City of Columbus employee Randy Pepper was involved in an accident at the intersection of Summit Street and 11th Avenue, in which a COTA bus was damaged. Our employee was cited in the accident for Failure to Obey a Traffic Control Device and determined to be at fault by the Department. Several claims have previously been settled in relation to this accident. The amount listed represents the cost incurred by COTA for repair of their vehicle, along with clean up fees associated with the diesel fuel spill.

FISCAL IMPACT: Funds have not been specifically budgeted for this settlement but are available in the appropriate account.


Title

To authorize and direct the City Attorney to settle the claim brought by the Central Ohio Transit Authority arising out of a June 23, 2008 motor vehicle accident and to authorize the expenditure of Seventy-Nine Thousand One Hundred Forty-Six and 65/100 Dollars ($79,146.65) in settlement of this claim, and to declare an emergency.


Body

WHEREAS, on June 23, 2010, Plaintiff filed a lawsuit in the Court of Common Pleas, Franklin County, Ohio, Civil Division, Case No. 2010 CVH 069389, against the City of Columbus and Randy Pepper in which they claim negligence and recklessness, and

WHEREAS, following an internal investigation and review of the Plaintiff's claim, the parties reached an agreement to settle this matter for the total amount of Seventy-Nine Thousand One Hundred Forty-Six and 65/100 Dollars (79,146.65). The settlement was deeme...

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