City of Columbus - File #: 1643-2007

• File #: 1643-2007
• Version: 1
• Type: Ordinance
• Status: Passed
• File created: 10/9/2007
• In control: Judiciary And Court Administration Committee
• On agenda: 10/22/2007
• Final action: 10/25/2007
• Title: To authorize and direct the City Attorney to settle the case of Trucco Construction Co., Inc. v. City of Columbus, currently pending in the Franklin County Court of Common Pleas; to authorize the expenditure of the sum of Seventy Thousand Dollars ($70,000.00) from the Stormwater Operating Fund in settlement of this lawsuit; and to declare an emergency.($70,000.00)

Date	Ver.	Action By	Action	Result
10/25/2007	1	CITY CLERK	Attest
10/23/2007	1	MAYOR	Signed
10/22/2007	1	Utilities Drafter	Sent for Approval
10/22/2007	1	Finance Reviewer	Reviewed and Approved
10/22/2007	1	FINANCE DIRECTOR	Reviewed and Approved
10/22/2007	1	Utilities Drafter	Sent to Clerk's Office for Council
10/22/2007	1	Columbus City Council	Approved	Pass
10/22/2007	1	COUNCIL PRESIDENT	Signed
10/19/2007	1	City Clerk's Office	Sent back for Clarification/Correction
10/15/2007	1	City Clerk's Office	Sent back for Clarification/Correction
10/15/2007	1	Utilities Drafter	Sent to Clerk's Office for Council
10/12/2007	1	Utilities Drafter	Sent for Approval
10/11/2007	1	CITY ATTORNEY	Reviewed and Approved
10/10/2007	1	Utilities Drafter	Sent for Approval
10/10/2007	1	Auditor Reviewer	Reviewed and Approved
10/10/2007	1	CITY AUDITOR	Reviewed and Approved
10/9/2007	1	Utilities Drafter	Sent for Approval
10/9/2007	1	Utilities Reviewer	Sent for Approval
10/9/2007	1	UTILITIES DIRECTOR	Reviewed and Approved

Explanation

This ordinance is submitted to settle the lawsuit known as Trucco Construction Co., Inc. v. City of Columbus, Case No. 04CV5864 in the Franklin County Court of Common Pleas, in the amount of Seventy Thousand and No/100 Dollars ($70,000.00). This case arose out of two contracts for the Rhoads Avenue and Watkins Road storm water improvement projects. Bids were opened in September, 2001, but unanticipated delays resulted in Notices to Proceed as to both projects being delayed until June, 2002. Trucco filed suit in 2004 alleging seven counts and seeking over $1.5 Million in damages. The Tenth District Court of Appeals upheld summary judgment rendered by the Common Pleas Court in favor of the City as to all but Trucco's claim for unpaid damages for delay to which they were entitled under the parties' contract. This ordinance resolves that remaining claim.
Fiscal Impact: Funds were not specifically budgeted for this settlement; however sufficient monies are available in the appropriate account to pay the amount this claim.

Title

To authorize and direct the City Attorney to settle the case of Trucco Construction Co., Inc. v. City of Columbus, currently pending in the Franklin County Court of Common Pleas; to authorize the expenditure of the sum of Seventy Thousand Dollars ($70,000.00) from the Stormwater Operating Fund in settlement of this lawsuit; and to declare an emergency.($70,000.00)

Body

WHEREAS, on June 3, 2004, the plaintiff filed a lawsuit in the Franklin County Court of Common Pleas, Case No. 04-CV-5864, against the City of Columbus alleging seven counts arising out of delays in commencement of the Rhoads Avenue and Watkins Road storm sewer improvement projects; and,
WHEREAS, following the evaluation of plaintiff's claims in the course of litigation, the parties reached an agreement to settle this matter due to the risks and uncertainties associated with continued litigation and trial; and,
WHEREAS, the settlement amount is...