The URL can be used to link to this page

Home My WebLink About90-91 RESOLUTION• RESOLUTION NO. 90-91 • A RESOLUTION APPROVAL TO AMEND THE CURRENT DAMAGE CLAIMS, SEWER SYSTEM BACK-UPS, PUBLIC WORKS POLICIES AND PROCEDURES DATED OCTOBER 6, 1989. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Board of Directors hereby authorizes amending Public Works Policies Procedures Manual, Section: Damage Claims, Sewer Systems Back-ups, dated October 6, 1989 to read as more fully set forth in attached revision. PASSED AND APPROVED this .21st day of May , 1991. % .;ATTEST: .44 • 4n APPROVED: B May r FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE TO: Fayetteville City Board of Directors THRU: Scott C. Linebaugh, City Manager)/Z // FROM: Kevin D. Crosson, Administrative Services Director,( DATE: May 6, 1991 SUBJECT: PROPOSED SEWER BACK-UP POLICY In accordance with Resolution 48-78, and 76-87, the City Board of Directors determined that under certain conditions, the City should compensate property owners for sewer system back-up damage. However, under the current policy and procedures approved in 1989, problems exist that require the board of director's approval to amend. I recommend the current Sewer Back-up Policy and Procedures be amended to reflect the following changes. (proposed "Sewer Back- up Policy and Procedures" attached). 1. According to the "OLD POLICY" UTIL-13, the City does not have the ability to assess damages caused by sewer system back-ups unless unusual circumstances exist, or disagreements arise. Under the proposed procedures, the City of Fayetteville's Sewer Division personnel, with the property owner present, will assess all damages. The property owner will then be requested to sign the assessment of damages. This procedure will ensure that the actual damages caused by sewer system back-ups are documented, whereby, providing the City Manager and Board of Directors documented evidence which should ensure that excessive damage claims are not filed with the City. 2. According to "OLD POLICY" Util-13, the claim for payment of compensation "shall be presented in writing to the City Engineer within ninety (90) days of the incident." I would recommend the claim for payment be presented to the City Manager's Office within thirty (30) days (proposed policy Item UTIL-13.2, line 3). 3 According to the "OLD POLICY" Util-13, the "claimant shall furnish a description of the property damaged and itemized statements or bills from those performing repairs or cleaning service." This statement does not require the claimant to seek "reasonable" costs for repairs. I would recommend the city contract a cleaning service to provide cleaning services to the claimant, and require the claimant provide three (3) estimates for repairs or replacements (proposed policy Item UTIL-13, line 3 and 4). P US L I C WORKS P' O L I CM ES AND PROCEDURE S MANUAL 7_Ame4LUMdik NUMBER Flief:1TTEVILLE UTIL-13 SUPERSEDES X 0 L D P 0 I� C Y PURPOSE SUBJECT DAMAGE CLAIMS SEWER SYSTEM BACK-UPS REVISIONS EFFECTIVE DATE, PAGE OCT X �'t X 1 of 2 APP JAMES L. P N. CITY MANAGER The purpose of this directive is to establish a uniform policy concerning damage claim resulting from the City of Fayetteville's sewer system back-up. POLICY The City of Fayetteville, under existing law, 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.(res. 48-78 & Res. 76-87) The Citi w 11 pa mpe�nsati�a property owner for a' damce0 to a ui din ruct^re o to building contents caused by a back-up of the City's sewer system. The City will pay a maximum of $2,500 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 sewer system back-up, provided, 1. The blockage occurred in a City sewer system main and not in a private line connecting"a structure to the City's sewer main, and 2. The sewage back-up was caused by an isolated line blockage and not by excessive infiltration of surface water, pump failure due to electric outages or by general flooding conditions. 3. Payment will be based on paid receipts. If a cash flow hardship exists due to such unexpected expenditures the City may write warrants jointly with the owner/vendor. Incidents in excess of $2,500 shall be settled by the Staff and Board on an individual basis. The City reserves the right to use an independent claims adjuster to settle claims if unusual circumstances or disagreements arise. PUBLIC WORKS POLICIES AND PROCEDURES MANUAL SUBJECT - - DAMAGE CLAIMS SEWER. SYSTEM BACK-UPS �_��[--M.Sk NUMBER REVISIONS EFFECTIVER$TEC. ?AGE FAYETTEVILLE UTI L--13 X X ,�n' 2 of 2 0 L P O L I• C Y SUPERSEDES APPRO X MANAGER Any claim for payment of compensation under .this resolution shall be presented in writing to the City Engineer within ninety(90) days of the incident. 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, time, date, place f the incident and the amount claims. The claimant shall furnish a description of the property damaged and itemized statements or bills from those performing repairs or cleaning service. Bills shall have notations as to whether or'not they have been paid, and if paid the date of payment. ADMINISTRATIVE POLICIES a PROCEDURES MANUAL NUMBER REVISIONS UTIL-13 1 SUPERSEDES APPROVED 8V: UTIL-13 (dated Oct. 6, 1989) SUBJECT: SEWER SYSTEM BACK-UP POLICY & PROCEDURES EFFECTIVE DATE: PAGE l of 4 Scott C. Linebauah. City Manager UTIL-13.0 PURPOSE: The purpose of this directive is to provide policy guidelines and procedures to City operations concerning the clean up of property damaged as a result of a back-up in Fayetteville's sewer system. The City of Fayetteville, under existing law, is not legally liable for such damage, but the Board of Directors has determined that under certain conditions, the City may compensate the property owner for the cost of cleaning up some portion of such damage. UTIL-13.1 DEFINITIONS: The following words and phrases when used herein shall have the meanings respectively ascribed to them in this section. UTIL-13.2 City sewer system The existing sewer lines that have been accepted and approved by the City of Fayetteville's Engineering Division. To include lateral sewer services that lie under existing City streets, up to but not beyond the property line. POLICY: 1. The City may pay a. maximum of $2,500 per incident, per dwelling unit (or per business unit), for the costs of cleaning a building structure or building contents damaged by a City sewer system back-up, excluding occupant labor, provided, (a) The blockage occurred in the City sewer system main and not in a private line connecting a structure to the City's sewer main; and (b) The sewage back-up was caused by an isolated line blockage and not by storm water infiltration, or by general flooding. condition. • • 2 Under exceptional circumstances and when cleaning alone is not sufficient to mitigate the damage the city may repair or replace damaged property. 3. The property owner will be required to submit, to the City Manager's Office, three estimates of repair or replacement of property within 30 days from the date of the incident. The property owner shall not begin repair or replacement of property damaged by the sewer system back-up until such time as the estimates are received by the City Manager and approval is provided in writing to the property owner. 4. If cleaning services for carpets, furniture or personal items are deemed necessary, the Sewer Superintendent shall instruct a cleaning contractor to provide such services for the property owner, at the city's expense. 5. Payments for damages to property shall be at the discretion of the City Manager, and his decision shall be final. 6. The City reserves the right to use an independent claims adjuster to settle claims if unusual circumstances or disagreements arise. UTIL-13.3 ADMINISTRATIVE PROCEDURES 1. The City of Fayetteville's Sewer Division personnel will assess the damages with the customer present. The assessment for damages will be documented and signed by the customer. 2. The Sewer Superintendent shall review the assessment of damages and make a recommendation to the Public Works Director for approval. 3. After review and approval of the assessment of damages by the Public Works Director, the Public Works Director will submit a recommendation to the City Manager for final approval. • CITY OF FAYETTEVILLE, ARKANSAS PAGE 1 OF RESIDENTIAL SEWER BACK-UP DAMAGE ASSESSMENT DATE OF INCIDENT TIME OF INCIDENT Resident Name Address City Zip Property Owner (If different from resident) Flooring Description/Dimensions: (Photos Attached) Phone No. Floor Type: (Circle) Carpet Tile Linoleum Wood Other Estimate l: Estimate 2 Estimate 3 Furniture Description/Dimensions: (Photos Attached) Estimate 1 Estimate 2 Estimate 3 • PAGE 2 OF Personal. Items Description: (Photos Attached) Estimate 1 $ Estimate 2 $ Estimate 3 $ Miscellaneous Description: (Photos Attached) Comments The City of Fayetteville, under existing law, 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. (Resolution 48-78, 76-87) Resident's Signature Date Employee's Signature Date