HomeMy WebLinkAbout48-78 RESOLUTIONamok
RESOLUTION NO. #142-71
A RESOLUTION ESTABLISHING A POLICY REGARDING THE PAYMENT
OF COMPENSATION BY THE CITY OF FAYETTEVILLE FOR PROPERTY DAMAGE
CAUSED BY A CITY SEWAGE SYSTEM BACK-UP.
WHEREAS, the City's sewage system on occasion experiences
an isolated back-up; and
WHEREAS, such a back-up sometimes results in damage to a
building structure or to building contents; and
WHEREAS, under existing law, the City is not legally liable
for such damage, but the Board of Directors has determined
that under certain conditions, the City should compensate the
property owner for such damage.
NOW,THEREPORI, BE IT RESOLVED BY THE BOARD OF DIRECTORS
OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. That the Board of Directors hereby establishes
the following policy regarding the payment of compensation to
a property owner for damages to -a building structure or to building
contents caused by -a back-up of the City's sewage system.
The City will pay a maximum of $1,000 per incident, per
dwelling unit :(or per business unit), excluding occupant
labor, for the documented costs of repairing, replacing,
or cleaning a building structure or building contents damaged
by a City sewage system back-up; provided,
(a) The blockage occurred in:a City sewage system main and
not in a private line connecting a structure to the City's
sewage main; and
(b) The sewage back-up was caused by an isolated line blockage
and not by excessive infiltration of surface water
or by general flooding conditions.
Section 2. Any claim for payment of compensation under
Section 1 of this resolution shall be presented in writing to the
Oity Engineer within ninety (90) days 6f the incident giving
rise to the claim. The complaint shall be signed by the claimant
and shall state concisely the facts upon which the claim is based
and shall set forth the address of the claimant, the time, date and
place of the incident giving rise to the claim, and the amount claimed.
The claimaint shall furnish the City Engineer with (a) a description
of the property damaged and a'description of the damage done, and (b)
itemized statements or bills from those performing repair or cleaning
service or furnishing repair or cleaning materials and supplies with
notations as to whether or not the same have been paid, and, if paid,
the date of payment.
MICROFILMED. n
DATE OCT 2 ° 19'
REEL„\ -3 -Qtr
Section 3. The City Engineer or his duly authorized
representative, shall investigate each claim. Within thirty
(30) days of receipt of a claim, the City Engineer shall
render a decision on the claim and notify the claimant in writing
of his decision. A claimant may appeal the decision of the
City Engineer to the City Board of Directors by filing written
notice of appeal with the City Clerk within ten (10) days from
the date of the City Engineer's decision
ATTEST:
PASSED AND APPROVED this icatday of (24,14t0/1978.
APPROVED.
bicaup.) Caut
CITY CLERK
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MAYOR