City of Columbus - File #: 1546-2004

• File #: 1546-2004
• Version: 1
• Type: Ordinance
• Status: Passed
• File created: 8/26/2004
• In control: Safety Committee
• On agenda: 9/13/2004
• Final action: 9/15/2004
• Title: To authorize and direct the City Attorney to settle the claims Dorothy J. Toki, Brandi Michelle Toki, and Albert Travis Toki in the case of Dorothy J. Toki, et al., v. City of Columbus, et al., Case No. 02CVC-11-12181 in the Franklin County Court of Common Pleas, to authorize the transfer of One Hundred Eighty Thousand Dollars ($180,000.00) within the general fund from the Department of Finance to the Department of Public Safety, Division of Fire, and to authorize the expenditure of the sum of One Hundred Eighty Thousand Dollars ($180,000.00) and to declare an emergency.

Date	Ver.	Action By	Action	Result
9/15/2004	1	CITY CLERK	Attest
9/14/2004	1	MAYOR	Signed
9/13/2004	1	Columbus City Council	Approved	Pass
9/13/2004	1	COUNCIL PRESIDENT	Signed
9/3/2004	1	City Clerk's Office	Sent back for Clarification/Correction
9/3/2004	1	Atty Drafter	Sent to Clerk's Office for Council
9/2/2004	1	Atty Drafter	Sent to Clerk's Office for Council
9/1/2004	1	Auditor Reviewer	Reviewed and Approved
9/1/2004	1	CITY AUDITOR	Reviewed and Approved
9/1/2004	1	Atty Drafter	Sent for Approval
9/1/2004	1	CITY ATTORNEY	Reviewed and Approved
8/31/2004	1	Atty Drafter	Sent for Approval
8/30/2004	1	Atty Drafter	Sent for Approval
8/30/2004	1	Finance Reviewer	Reviewed and Approved
8/30/2004	1	FINANCE DIRECTOR	Reviewed and Approved
8/27/2004	1	Finance Reviewer	Reviewed and Disapproved
8/26/2004	1	Atty Drafter	Sent for Approval

Explanation

This Ordinance authorizes the payment of a settlement in the lawsuit of Dorothy J. Toki, et al., v. City of Columbus, et al., Franklin County Court of Common Pleas Case No. 02CVC-11-12181, in the amount of One Hundred Eighty Thousand Dollars ($180,000.00).

Fiscal Impact: The 2004 budget included $1,080,000 in the citywide account for claims and settlements. These funds have been exhausted on claims and settlements processed prior to this ordinance. Funds set aside in Finance's citywide account for other purposes will have to be used to pay this claim. It should be noted, that Finance's mid-year review did not include projected expenditures for claims and settlements beyond the original $1,080,000 appropriation.

Emergency Designation: This ordinance is being submitted as an emergency measure in order to pay the settlement amount in a timely manner.

Title

To authorize and direct the City Attorney to settle the claims Dorothy J. Toki, Brandi Michelle Toki, and Albert Travis Toki in the case of Dorothy J. Toki, et al., v. City of Columbus, et al., Case No. 02CVC-11-12181 in the Franklin County Court of Common Pleas, to authorize the transfer of One Hundred Eighty Thousand Dollars ($180,000.00) within the general fund from the Department of Finance to the Department of Public Safety, Division of Fire, and to authorize the expenditure of the sum of One Hundred Eighty Thousand Dollars ($180,000.00) and to declare an emergency.

Body

WHEREAS, on July 15, 2002, a City of Columbus fire truck crashed into the Patrick J's restaurant located at 2711 North High Street, Columbus, OH; and,

WHEREAS, Dorothy J. Toki and her adult children, Brandi Michelle Toki, and Albert Travis Toki, were patrons of the restaurant; and,

WHEREAS, Dorothy J. Toki, Brandi Michelle Toki, and Albert Travis Toki all received personal injuries; and,

WHEREAS, it is in the best interests of the City of Columbus to settle the claims of Dorothy J. Toki for...