Explanation
BACKGROUND: This Ordinance authorizes the payment of a settlement to Ralph E. Hazelbaker, Billie E. Hazelbaker and Rick L. Brunner, as legal counsel, in the case of Ralph E. Hazelbaker, et al., v. James P. Joyce, et al., United States District Court, Southern District of Ohio, Case No. C2-97-518. In 1997, the Hazelbakers sued the City of Columbus, individual employees of the Department of Public Utilities, Franklin County, its County Commissioners, and several private businesses, alleging damage to real property caused by flooding and erosion along the Sharon Run Creek in Sharon Township, Franklin County. A reasonable compromise by way of settlement of the litigation will be accomplished with this legislation.
FISCAL IMPACT: Funds were not specifically budgeted for this settlement; however, sufficient monies are available in the appropriate account to pay the amount of these claims.
Title
To authorize and direct the City Attorney to settle the claims of Ralph E. Hazelbaker and Billie E. Hazelbaker in the case of Ralph E. Hazelbaker, et al. v. James P. Joyce, et al,. United States District Court, Southern District of Ohio, Case No. C2-97-518, and to authorize the expenditure of the sum of Eighty-Five Thousand Dollars and no cents ($85, 000.00), and to declare an emergency.
Body
WHEREAS, the Hazelbakers filed suit against the City of Columbus, James Joyce, Michael Martin, James Coffey, Franklin County, Dorothy Teater, Arlene Shoemaker, Dewey Stokes, Mildred James, Bob Evans Farms, Inc. General Electric Capital Corp., Boston Chicken, and P & L Services L.L.C., in Case No. C2-97-518 in the United States District Court for the Southern District of Ohio, claiming violation of Fifth and Fourteen Amendment rights under the U.S. Constitution and 42 U.S.C. ยง 1983; and,
WHEREAS, the Hazelbakers allege development along Bethel Road in the City of Columbus during the late 1980's and early 1990's increased the flow of storm...
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