File #: SC-1213-7    Version: 2 Name: SC-1213-7 Tort Claim of Hazel McDonald
Type: Special Claim Status: Passed
File created: 1/8/2013 In control: City Council
On agenda: 1/22/2013 Final action: 1/22/2013
Title: SPECIAL CLAIM NO. SC-1213-7: A CLAIM IN THE REDUCED AMOUNT OF $1,986 SUBMITTED BY HAZEL MCDONALD FOR DAMAGES TO PERSONAL PROPERTY, LANDSCAPING, AND GARAGE FLOOR AT 2377 WHEATON DRIVE DUE TO A WATER LINE BREAK.
Attachments: 1. Text File Special Claim, 2. Memo from Clerk - McDonald, 3. McDonald Claim
Title
SPECIAL CLAIM NO. SC-1213-7:  A CLAIM IN THE REDUCED AMOUNT OF $1,986 SUBMITTED BY HAZEL MCDONALD FOR DAMAGES TO PERSONAL PROPERTY, LANDSCAPING, AND GARAGE FLOOR AT 2377 WHEATON DRIVE DUE TO A WATER LINE BREAK.
 
Body
BACKGROUND:  A claim has been filed by Hazel McDonald in the amount of $2,276.00 for damages to personal property, landscaping and her garage floor due to her claim that a waterline break on April 14, 2012 at 2377 Wheaton Drive flooded her garage and washed out landscaping.     
 
DISCUSSION:  This incident was investigated by the Utilities Superintendent.  According to staff and field work reports, the 8-inch cast iron water main ruptured under the drive approach at 2377 Wheaton Drive causing an excessive amount of water to migrate from under the concrete panels into Ms. McDonald's garage.  While onsite, staff confirmed that there was flooding inside the garage.  Additionally, following the emergency repair of this main, on June 12, 2012, staff replaced 40 feet of water main under the drive approach. The water main has moderate deterioration associated with age.  At this time, this segment of water main within this area of Hall Park is not in a 5-year replacement program.
 
Ms. McDonald submitted estimates of expenses with her claim for clean up and replacement landscaping.  After discussion with Ms. McDonald, the City offered to pay her a reduced amount of $1,986.00 for her damages.  Ms. McDonald has agreed to accept this settlement offer.
 
RECOMMENDATION:  The City's potential liability in this matter is discussed in a separate privileged and confidential memo provided to Council.  Accordingly, the claim of Hazel McDonald in the reduced amount of $1,986.00, as above set forth, is presented to City Council for consideration at this time.