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SPECIAL CLAIM SC-1920-2: SUBMITTED BY TODD BAYLES IN THE AMOUNT OF $1,550 FOR DAMAGE TO HIS BRICK FENCE BY A WATER LINE MAINTENANCE CREW WHILE REPAIRING A WATER MAIN LEAK AT 4050 36TH AVENUE N.E.
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BACKGROUND: A claim was filed by Todd Bayles in the amount of $1,550.00 for damage his fence received when a water main leak was repaired on January 7, 2019, at his home on 4050 36th Avenue Northeast.
DISCUSSION: This incident was investigated by David Hager, Utilities Manager. On January 7, 2019, City staff was dispatched to Mr. Bayles home on 4050 36th Avenue Northeast due to a water main leak. To safely access the 24-inch PVC water main, staff had to remove Mr. Bayles’ drive approach, a keypad pedestal for a gate opener, a segment of vinyl fence panels, and a brick fence post. The City was able to repair the resident’s drive approach on February 25, 2019, but repair of Mr. Bayles’ fence required the filing of a Notice of Tort Claim.
Mr. Bayles submitted three (3) estimates to repair the damage to his fence, with the lowest estimate being $1,350.00, plus $200.00 for bricks, for a total of $1,550.00. 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 claim of Todd Bayles in the amount of $1,550.00 appears reasonable.
RECOMMENDATION: Based upon the above and foregoing, it is the recommendation of the City Attorney’s office that the claim of Todd Bayles, in the amount of $1,550.00 as set forth above, be approved.