City of Columbus - File #: 2168-2005

• File #: 2168-2005
• Version: 2
• Type: Ordinance
• Status: Passed
• File created: 12/8/2005
• In control: Safety Committee
• On agenda: 12/12/2005
• Final action: 12/14/2005
• Title: To authorize the City Attorney to compromise and settle on behalf of the City of Columbus and Short North Special Improvement District ("Plaintiffs") litigation captioned City of Columbus, et al. v. E.G. & G., et al., Case No. 04CVA-01-282, pending in the Franklin County Court of Common Pleas, in the total amount of $1,235,000.00 (One Million Two Hundred and Thirty-Five Thousand Dollars and no cents); to execute any necessary agreements and court documents associated with the settlement and final resolution of the litigation; to authorize the City Auditor to deposit the settlement funds into Fund No. 748, the General Permanent Improvement Fund; to appropriate such funds for the purpose of remediating the Short North Arches project and for attendant expenses; to authorize such expeditures. ; and to declare an emergency.

Date	Ver.	Action By	Action	Result
12/14/2005	2	MAYOR	Signed
12/14/2005	2	ACTING CITY CLERK	Attest
12/12/2005	1	Columbus City Council	Amended to 30 day	Pass
12/12/2005	2	Columbus City Council	Approved as Amended	Pass
12/12/2005	2	Columbus City Council	Waive the 2nd Reading	Pass
12/12/2005	2	COUNCIL PRESIDENT	Signed
12/8/2005	1	Atty Drafter	Sent for Approval
12/8/2005	1	Atty Drafter	Sent to Clerk's Office for Council
12/8/2005	1	Atty Drafter	Sent to Clerk's Office for Council

Explanation

Background:

On January 12, 2004 the City Attorney commenced litigation on behalf of the City of Columbus and Short North Special Improvement District ("Plaintiffs") against the architect and engineer who designed the fiber optic lighting system for the Short North Arches project and the manufacturer who supplied the lighting system ("Defendants"). The case was instituted in the Franklin County Court of Common Pleas alleging negligence and breach of contract against the Defendants for the malfunctioning lighting system.

The matter proceed through discovery and was set for trial on January 23, 2006. The parties engaged in mediation discussions and a settlement was reached wherein Defendants agreed to collectively pay the Plaintiffs a total amount of $1,235,000.00 (One Million Two Hundred and Thirty-Five Thousand Dollars and no cents) in exchange for mutual releases and dismissal of the case.

This ordinance authorizes the City Attorney to compromise and settle this case in the amount of $1,235,000.00 and to execute any necessary documents to effectuate the settlement. It further authorizes the City Auditor to deposit the funds into the General Improvement Fund for remeditation of the Arches and associated expenses. This ordinance further appropriates the funds for that purpose.

Fiscal Impact: The total recovery for the City will be $1,235,000.00 and funds will be deposited with Auditor as authorized and appropriated herein.

Emergency action is requested for the immediate authorization to compromise and settle this matter so that Short North Arch-related work may proceed without delay.

Title
To authorize the City Attorney to compromise and settle on behalf of the City of Columbus and Short North Special Improvement District ("Plaintiffs") litigation captioned City of Columbus, et al. v. E.G. & G., et al., Case No. 04CVA-01-282, pending in the Franklin County Court of Common Pleas, in the total amount of $1,235,000.00 (One ...