Explanation
This ordinance is submitted to settle the pre-litigation claim filed by Johnathan M. Sheeran against the City of Columbus, Division of Police as a result of a October 25, 2010 accident. On October 25, 2010, City of Columbus Police Wagon 168 pulled out of a private drive on Dublin Road and Grandview Avenue and collided with a 2002 Silver Chevrolet Cavalier, Ohio license number ES85PL, driven by Johnathan M. Sheeran.
FISCAL IMPACT: Funds have not been specifically budgeted for this settlement but are available in the appropriate account. This legislation is contingent on the passing of the City Budget, General Fund Ordinance, No. 2001-2011.
Title
To authorize and direct the City Attorney to settle the claim brought by Johnathan M. Sheeran arising out of a October 25, 2010 motor vehicle accident, for the amount of Twenty Six Thousand Dollars and No Cents ($26,000.00); and to declare an emergency.
Body
WHEREAS, following an investigation and review of the Claimant's claim, the parties reached an agreement to settle this matter for the total amount of Twenty Six Thousand Dollars and No Cents ($26,000.00). The settlement was deemed acceptable by the City of Columbus, Division of Police, along with the a release of the City of Columbus and its employees from any further liability; and,
WHEREAS, an emergency exists in the usual daily operation of the City of Columbus, and that it is immediately necessary to pay this settlement thereby preserving the public health, peace, property, safety and welfare, now therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the City Attorney be and hereby is authorized and directed to settle the claim against the City of Columbus, Division of Police by payment of Twenty Six Thousand Dollars and No Cents ($26,000.00) as a reasonable and fair amount and in the best interest of the City of Columbus.
SECTION 2. That for the purposes of paying this settlement, there be and hereby is authorized to be paid from police fund 30-03, object level (1) 05, object level (3) 5573, OCA 301382, the sum of Twenty Six Thousand Dollars and No Cents ($26,000.00).
SECTION 3. That the City Auditor be and is hereby authorized to draw a warrant upon the City Treasurer upon receipt of a voucher and a release approved by the City Attorney, in the amount of Twenty Six Thousand Dollars and No Cents ($26,000.00) payable to Johnathan M. Sheeran.
SECTION 4. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.