Explanation
BACKGROUND: This ordinance is submitted to settle a claim involving the Department of Public Utilities, The Immel Company, Inc. (“Immel”), and Gary H. Baas (“Baas”) in the amount of Seventy-five Thousand Dollars and no cents ($75,000.00). On November 27, 2012, a motor vehicle accident occurred involving a vehicle driven by an employee of the Department of Public Utilities and a vehicle owned by Immel and driven by Baas. The Department of Public Utilities, Immel, and Baas have determined that it is in the best interests of all parties to settle this dispute. The City has agreed to pay, and Immel and Baas have agreed to accept, Seventy-five Thousand Dollars and no cents ($75,000.00) in complete settlement of any and all of Immel’s and Baas’s claims related to this accident. In consideration of the settlement amount, Immel and Baas will release the city and its employees from any liability for any claims related to the accident.
FISCAL IMPACT: Funds have not been specifically budgeted for this settlement but are available in the appropriate account.
Title
To authorize the City Attorney, on behalf of the Department of Public Utilities, to settle claims brought by The Immel Company, Inc. and Gary H. Baas; to authorize the appropriation and expenditure of $75,000.00 in settlement of this claim; and to declare an emergency.
Body
WHEREAS, on November 27, 2012, a motor vehicle accident (the “Accident”) occurred involving a vehicle driven by an employee of the City’s Department of Public Utilities and a vehicle owned by The Immel Company, Inc. (“Immel”) and driven by Gary H. Baas (“Baas”); and
WHEREAS, based on the totality of circumstances, the city has deemed it to be in the best interests of all parties to settle the lawsuit; and
WHEREAS, Immel and Baas have agreed to accept a total amount of Seventy-five Thousand Dollars and no cents ($75,000.00) in complete settlement of any and all of Immel’s and Baas’s claims related to the Accident and ...
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