Columbus, Georgia

Georgia's First Consolidated Government

Post Office Box 1340
Columbus, Georgia, 31902-1340
(706) 653-4013
fax (706) 653-4016

Council Members

Agenda Item # 3





Columbus Consolidated Government

Council Meeting

08/23/2016



Agenda Report # 31







TO: Mayor and Council



SUBJECT: Resolution Regarding Payment of Damages



INITIATED BY: Risk Management



Recommendation: Approval is requested to make payment of a total of $240,000

to Paul and Catrina Zimmerman for damages to their real property, in exchange

for a full release.



Background: In 2013 City contractors failed to reconnect the Zimmerman?s

house to the city combined sewer system after replacement of the old terra

cotta pipe system. This resulted in sewage backing up in December of 2015 and

flooding their basement. The family has not been able to live in their home

since that time.



Analysis: It has been determined that reconnection is most costly, and the

City proposes to purchase the property and pay for other alleged damages

sustained by the Zimmerman family. Damages have been negotiated internally,

and no legal fees are included in the $240,000 submitted for approval.



Financial Considerations: $130,000 of the total requested are budgeted in the

Stormwater Funded Capital Project: 0508-660-2000-9801 and $110,000 is budgeted

in Human Resources ? Risk Management ? Unfunded Claims ? Uninsured Losses:

0860-220-3830-6842.



Projected Annual Fiscal Impact Statement: None.



Legal Considerations: The City Attorney's office has approved the language of

this Resolution.



Recommendations/ Actions: Approve the Resolution for payment of alleged damages

in the amount of $240,000.



A RESOLUTION

NO._________





WHEREAS, Claimants Paul and Catrina Zimmerman have filed a claim for alleged

damages based on the severing of the sewer connection to their home; and



WHEREAS, Risk Management has investigated this claim and recommends a

settlement of $240,000 in exchange for a full release of all claims,



NOW, THEREFORE, THE COUNCIL OF COLUMBUS, GEORGIA, HEREBY RESOLVES AS

FOLLOWS:



We hereby authorize the City Attorney and the Finance Director to make

payment of $130,000 for purchase of the real property owned by claimants, and

an additional $110,000 to settle all other claims for alleged damages, in

exchange for a full release by claimants. The City Attorney and Finance

Director or their representatives are authorized to execute all appropriate

settlement documents to this effect.

_________________



Introduced at a regular meeting of the Council of Columbus, Georgia, held the

_________ day of _____________, 2016 and adopted at said meeting by the

affirmative vote of ____________ members of said Council.





Councilor Allen voting __________.

Councilor Baker voting __________.

Councilor Barnes voting __________.

Councilor Davis voting __________.

Councilor Garrett voting __________.

Councilor Henderson voting __________.

Councilor Huff voting __________.

Councilor Thomas voting __________.

Councilor Turner Pugh voting __________.

Councilor Woodson voting __________.







______________________________ __________________________

Tiny B. Washington, Clerk of Council Teresa Pike Tomlinson, Mayor







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