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SPECIAL CLAIM NO. SC-1213-10: A CLAIM IN THE AMOUNT OF $3,896.85 SUBMITTED BY COX COMMUNICATIONS FOR DAMAGES TO A FIBER OPTIC LINE BY PARK MAINTENANCE STAFF IN ROTARY PARK.
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BACKGROUND: A claim has been filed by Cox Communications for damages to a fiber optic line on April 25, 2012 in the amount of $3,896.85. Cox alleges that City employees were clearing tornado damage at Rotary Park at 1531 West Boyd Street when the bed of a dump truck was elevated and ripped down a span of fiber optic line.
DISCUSSION: This incident was investigated by Bill Ulch, Parks and Recreation Superintendent. According to his investigation, Park Maintenance staff was delivering dirt to Rotary Park for an outside contractor. While dumping the load of dirt, the elevated bed of the truck came into contact with a Cox Communications cable line which was pulled down. At the time of the incident, Parks and Recreation staff contacted Cox Communications and reported the incident.
As indicated above, there appears to be possible negligence on the part of the City in this matter and, consequently, potential liability on the City. The amount claimed by Cox Communications appears to be reasonable.
RECOMMENDATION: Based upon the above and foregoing, it is the recommendation of the City Attorney's Office that the claim by Cox Communications for damage to their fiber optic line at 1531 West Boyd Street in the amount of $3,896.85, as above set forth, be approved.