Explanation
BACKGROUND: This ordinance authorizes the Department of Public Utilities to compromise and settle a claim related to an explosion that occurred on March 21, 2015 that caused damage to 3430 Sunningdale Way in Upper Arlington, Ohio, which is owned by David and Beatrice Hamilton (“Claimants”). A dispute has arisen between Claimants and the City regarding the liability of the City, as well as damages that Claimants allegedly sustained. Claimants did not file a lawsuit against the City in connection with the explosion, and the City denies any liability. The City and Claimants wish to fully resolve all claims related to the explosion, and therefore the City has agreed to pay, and Claimants have agreed to accept, $37,500.00 in complete settlement of any and all of Claimant's claims against the City related to the explosion.
This ordinance authorizes the Department of Public Utilities to compromise and settle this claim and to resolve all issues and disputes now existing between the City and Claimants relating to the explosion, in the amount of $37,500.00 and to execute any necessary documents to effectuate the settlement.
FISCAL IMPACT: The City will make payment to David and Beatrice Hamilton in the amount of $37,500.00. This ordinance authorizes the transfer within and expenditure of funds from the Water Operating Fund for this expenditure.
EMERGENCY DESIGNATION: This ordinance is being submitted as emergency legislation in order to avoid delays in settling the claim of David and Beatrice Hamilton.
Title
To authorize the Department of Public Utilities to compromise and settle the claim of David and Beatrice Hamilton related to an explosion that occurred on March 21, 2015 that caused damage to 3430 Sunningdale Way in Upper Arlington, Ohio in the total amount of $37,500.00; to authorize the transfer within and expenditure of $37,500.00 from the Water Operating Fund; and to declare an emergency.
Body
WHEREAS, on March 21, 2015 an explosion ...
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