Explanation
BACKGROUND
On April 30, 2024, the City’s Director of Public Utilities issued a Director’s Order to Columbus Limestone, Inc., Shelly Materials, Inc. and The Shelly Company (collectively referred to as “Columbus Limestone”), alleging violations of Columbus City Codes Chapter 1150. Columbus Limestone appealed the Director’s Order. After consulting with state and federal regulatory agencies, the City has proposed conducting a regional flood plain study of the Scioto River, and the Department of Public Utilities has engaged consultants and other contractors for such purpose. The City has proposed a framework for settlement that includes Columbus Limestone’s involvement in the study process and a pro rata payment of the costs of the study.
Following an exchange of information as well as discussions between Columbus Limestone and the Department of Public Utilities, as well as their counsel, Columbus Limestone and the Department have decided it is in the best interest of the City to resolve the disputed Director’s Order by means of a settlement agreement. Therefore, this Ordinance is being submitted for City Council approval to authorize and direct the City Attorney, on behalf of the Director of the Department of Public Utilities, to enter into a settlement agreement with Columbus Limestone to resolve the disputed Director’s Order between the Department and Columbus Limestone. A negotiated draft settlement is attached to this Ordinance.
This Ordinance is being submitted to City Council per Section 335.012 of the Columbus City Codes because the estimated value of the settled claim(s) exceeds $20,000.00.
FISCAL IMPACT: This ordinance authorizes a deposit of $64,045.09 to be accepted by the Treasurer and deposited into Fund 6100, Sewer Operating Fund.
Title
To authorize and direct the City Attorney, on behalf of the Director of the Department of Public Utilities, to enter into a settlement agreement with Columbus Limestone, Inc. to resolve a disp...
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