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  Item #   4. A. 3.    
City Council
Meeting Date: 03/11/2019  
Submitted For: Jim Mills Submitted By: Jim Mills

Information
Item
Consideration of approval of recommendation on two tort claims.
Background
(1). Claimant claims the City is responsible for damages to the claimant's house caused by a sewer back-up on December 23, 2018.  The claimant's claim is for $15,000.00 for cleaning, restoration of the house and the installation of a back-flow preventer on their sewer line.  Staff's investigation revealed the blockage was caused by roots in the line.  The line was videoed and the video showed roots were coming into the City's main line where the claimant's service connected to the City main and the claimant's neighbor's service line connected to the City main.  The majority of the roots were coming from the neighbors tie-in and this is believed to be the cause of the back-up.  Both the claimant's and their neighbor's line are connected to the City's line by a hammer tap.  The hammer tap is considered the property owner's responsibility.  The video showed the rest of the line to be in good shape.  The claimant's did not have a back-flow valve or clean-outs on their service line.
(2). Claimant states on February 16, 2019, they were stopped at a traffic light in the north bound lane of Kelly Avenue at 7th Street when they felt an impact from the rear.  Staff's investigation revealed a police officer was on routine patrol traveling north on Kelly Avenue when they began slowing behind the claimant who was slowing to a stop.  The officer briefly looked away from the road and failed to stop in time, hitting the claimant.  The amount claimed for this loss is $4,382.23 for damages to the claimant's vehicle and expenses for a rental vehicle.
Time Frame
Upon approval.
Issue
(1). Approval of staff's recommendation on tort claim #T19-0021, Waste Water Line Maintenance.

(2). Approval of staff's recommendation on tort claim #T19-0023, Police Dept.
Recommendations
(1). Staff recommends approval to authorize the City's insurance company to deny the claim.

(2). Staff recommends approval to authorize the City's insurance company to pay the claim.
Action Needed
Motion to approve recommendation on two tort claims.

 
Public Notification
N/A.

Fiscal Impact
Funding/Cost: $4,382.23
Budgeted Item Y/N or N/A: Y
Account:
(B). 611020-8383 - Judgments
Attachments
No file(s) attached.

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