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SPECIAL CLAIM 1920-5: SUBMITTED BY ROBERT D. AND ROYETTA B. PROVINE IN THE AMOUNT OF $11,507.25 FOR DAMAGE TO THE INTERIOR OF THEIR HOME AT 201 OLDE BROOK COURT AS A RESULT OF A SEWER LINE BACK-UP.
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BACKROUND: A claim was filed by Robert D. and Royetta B. Provine, for expenses incurred due to a sewer main back-up at their property on May 21, 2019, at 201 Olde Brook Court. Mr. and Mrs. Provine request reimbursement of damage in the amount of $11,507.25.
On September 3, 2019, an Executive Session was held to discuss the claims being submitted on behalf of three property owners regarding the sewer back-up on Olde Brook Court. This claim is being submitted to City Council for consideration at this time.
DISCUSSION: On the morning of May 21, 2019, City division staff received service calls for a possible sewer obstruction from residents of Olde Brook Court. Upon arrival, staff inspected the 8-inch clay sewer main and found it was obstructed. As a result, three property owners submitted claims to the City requesting payment of their damages.
The claim was investigated by David Hager, Utilities Manager. According to City maintenance records for the past three years, the City has never received a maintenance request for the Olde Brook Court area. When the City received news of the sewer back-up, it took immediate action and cleared the obstruction on the same day.
As previously discussed with Council, this is not a clear case of City liability, however there could be potential liability on the City. The Provine’s claim in the amount of $11,507.25 appears reasonable.
RECOMMENDATION: Based upon the above and foregoing, it is the recommendation of the City Attorney’s Office that the claim of Robert D. and Royetta B. Provine, in the amount of $11,507.25, as set forth above be approved.