Explanation
BACKGROUND:
This Ordinance is submitted to settle a property and economic damages claim in the amount $75,000.00. There has been ongoing flooding of the property and business located at the property, and the property owner has claimed that physical and economic damages have resulted from water flowing from the city’s storm sewer infrastructure into a private storm sewer on the property at 4510 Kenny Road, Columbus OH. There is no recorded easement related to this connection. The City Attorney, in consultation with the Department of Public Utilities, has determined that it is in the city’s best interest to settle this claim. The property owner will release the city from liability related to these claims and has agreed to accept $75,000.00 in complete settlement of the claims.
This legislation authorizes the City Auditor to transfer appropriation within the Storm Sewer Operating Fund to allow for the reallocation of funds budgeted to provide the additional funding needed for the payment of the claims.
FISCAL IMPACT:
Funds were not specifically budgeted for this settlement; however, sufficient monies are available in the Department of Public Utilities’ Storm Sewer Operating Fund budget to fund the transfer of appropriation which totals $65,000.00. This ordinance includes a transfer of $65,000.00 from Object Class 01-Personnel to Object Class 05-Other for this purpose.
EMERGENCY DESIGNATION:
Emergency legislation is necessary to ensure settlement is paid in a timely manner.
Title
To authorize the City Auditor to transfer $65,000.00 in appropriation authority between Object Classes within the Storm Sewer Operating Fund; to authorize and direct the City Attorney to settle a damages claim submitted by SHB Holdings, LLC and Harrison’s on Kenny, LLC; to authorize the expenditure of $75,000.00 from the Storm Sewer Operating Fund for settlement payment; and to declare an emergency.
Body
WHEREAS, there has been ongoing flooding at the pro...
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