To

Mayor and Council

Subject

Resolution Regarding Payment of Damages

Initiator

Anne-Marie Amiel

Recommendation

Approval of Council for the City Manager and the Finance Director to make \n \n payment of a total of $240,000 to Paul and Catrina Zimmerman for damages to \n \n their real property, in exchange for a full release.

Approval

Pending

Background

In 2013 City contractors failed to reconnect the claimants' property to the

city sewer system after replacement of the old terra cotta pipe system. This

resulted in sewage backing up until, in December of 2015, it flooded their

basement. The family has not been able to live in their home since that time.

Analysis

It has been determined that reconnection to the current sewer system is no

longer possible, and the City proposes to purchase the property and pay for

other alleged damages sustained by the Zimmerman family. Damages have been

negotiated internally, and no legal fees are included in the $240,000 submitted

for approval.

Financial Considerations

$130,000 of the total requested is budgeted in the FY17 Stormwater Fund:

____________________________________. $110,000 is budgeted in FY17 Human

Resources - Risk Management - Unfunded Claims - Uninsured Losses:

220-0860-3830-3484.

Projected Annual Fiscal Impact Statement

None.

Legal Considerations

The City Attorney's office has approved the language of this Resolution.

Recommendations/ Actions

Approve the Resolution for payment of damages in the amount of $240,000.

No attachments for this document.