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Home My WebLink About42-96 RESOLUTION11.0, JOHN & PHOBE GOODWIN CLAIM EXHIBIT A A water leak occurred in October 1993 in the area of the Goodwin home and they filed a claim for damages in the amount of $3,139.36 thirteen months later in November 1994. The normal claim process is as follows: 1. Incident occurs 2. Resident calls the City (immediate) 3. City crews respond, alleviate the source of the problem, look at the damage, take photographs. At this time we call for immediate emergency repair, if required. We also identify all damaged items. 4 The owner gets quotes for repairs and/or replacement. City reviews the claim and quotes. If the reviewers feel the claim is valid, the City contracts for repairs with contractors and/or pays for replacement items directly to the owner. 5. The owner receives a letter from the City and, if applicable, a settlement check. 6. Often, before step 5, the contractor performs all work.. This process allows the City safeguards against abuse of the system, people making upgrades or home improvements at the taxpayer's expense. The claim from the Goodwin's, due to the time involved, allows no such checks and balances. SUMMARY OF INFORMATION - WITH ATTACHMENTS 1 - 13 • A water leak occurred in the area of the Goodwin home in October 1993. • Carl Strange Plumbing came to the Goodwin home to look forl a leak on October 7, 1993, and charged $25.00. (Attach 1) • Goodwin's receive a letter from Warren Harris regarding inspection of foundation for structural weakness or deterioration, (he found none)this was on March 24, 1994. (Attach 2) • The Goodwin's had The Old Cellar Man waterproof their basement walls (with a ten year guarantee) for $2,000.00, March 28, 1994. (Attach 3) • Goodwin's purchased paint and primer from Sears on April 9, 1994 in the amount of $28.73. (Attach 4) • Goodwin's purchased Joint Compound at WalMart on April 15, 1994, in the amount of $3.88. (Attach 5) • Goodwin's purchase carpet pad from National Home Center on August 29, 1994, in the amount of $87.86. (Attach 6) Goodwin Claim Memo Page 2 11.03 * Goodwin's purchase carpet and carpet pad from National Home Center on August 30, 1994, in the amount of $524.25. (Attachment 7) • Phoebe Goodwin files a claim against the City for water damage in the amount of $ 3,139.36 on November 15, 1994, 13 months after the leak occurred. (Attachment 8) * The claim is received by the City and referred to Dave Jurgens on November 16, 1994. • Dave Jurgens, Water & Sewer Supervisor, responded to the claim on April 21, 1995, and feels that we should pay no more than $2,500.00/per Ordinance, and the fact that there was nothing left for Dave to inspect by the time the claim was filed. He was not able to look at any of the "damage" nor compare the quality of the replacement items with the original materials in place. (Attachment 9) • Dave Jurgens sent a second memo to Kevin Crosson again pointing out that under Arkansas State Law the City is not required to pay any amount for a claim of this type, this was on July 27, 1995. (Attachment 10) • A letter was sent to the Goodwin's on July 28, 1995, copy attached, offering a settlement options requesting their response in writing. (Attachment 11) • A second letter was sent to the Goodwin's on November 14, 1995, after no response was received. (Attachment 12) • Mrs. Goodwin responded on December 1, 1995 stating that she would like her claim presented to the City Council for full settlement, $3,139.36. (Attachment 13) A recapitulation of expenses was submitted (Attachment 14) 1. Sears Water Vac 2. Carl Strange Plumber 3. Warren Harris water inspection 4. Aero-Dyno, clean carpet 5. Waterproofing Wall 6. Kilz & Paint 7. Carpet & Pad 8. Carpet & Pad installation 107.49 25.00 20.00 201.03 2,000.00 28.73 612.11 145.00 $ 3,139.36 Each of the above listed expenses are corresponding number, with any comments therein. addressed below, by or questions stated 11.04 Goodwin Claim Memo Page 3 It should be noted that any time the City handles a timely claim, we get quotes for repairs. This was apparently not done in this case. The City certainly did not, as we were not involved until after the work was completed. It should also be noted that we never pay anything without a receipt - any cancelled check with no receipt can not be paid. The only exception is when we receive the damaged item. Generally we do not and should not pay for work which adds value to the property. 1. No receipt was submitted for the Sears Water Vac, recommend no reimbursement. 2. Receipt was submitted for Carl Strange Plumbing, recommend reimbursement of $ 25.00. 3. No receipt was submitted for Mr. Harris' services, recommend no reimbursement. 4. No receipt was submitted for Aero-Dyno's services, recommend no reimbursement. 5. Receipt was submitted to have the basement waterproofed at a cost of $ 2,000.00. Waterproofing a room after a water leak is not in the normal scope of repairs, it is a home improvement adding value to the residence, recommend no reimbursement. 6. Receipt was submitted for paint and primer, recommend reimbursement of $ 28.73. 7. Receipts submitted for carpet and carpet pad, however, we have no way of knowing if the replaced carpet matched the previously existing carpet in quality. We were not given the opportunity to evaluate depreciated value. Recommend reimbursement of $ 612.11. 8. No receipt was submitted for Mr. Meyer's services, recommend no reimbursement. The City of Fayetteville has no legal obligation to cover this claim, however, in this case we have accepted responsibility up to $2,500.00. The City has, in other cases, limited payment to the $2,500.00 limit although damages were higher. As stated earlier, we generally do not approve or consider claims over one year old but due to actions to date we recommend reimbursement in the amount of $ 665.84 for receipts submitted omitting the receipt for waterproofing the basement which is a home improvement adding value to the Goodwin's home. 11.06 To Address City CARL STRANGE Plumbing & Heating 2395 GOOSEBERRY LANE FAYETTEVILLE, ARKANSAS 72703 501/442-4067 (2,1dcac. Date q.0 Ihue/go& 111ACHMENT 1 /0/7 19 _4.3 4 "1927-a- flier-h— „ivy& /132.-nezd- 46 :2:' fe-e., „75, iCe t r r a •4()‘) 4> 29964 STATEMENT 4 iITTACHMENT 2 WARREN S. HARRIS, P.E. 1391 W. Sunset Springdale, Arkansas 72764 Phone: (501) 751-4155 March 24, 1994 To Whom It May Concern: On March 23, 1994, at their request, I inspected the residence of Mr. and Mrs. John W. Goodwin at 2903 Inwood Lane, Fayetteville, Arkansas. This was the second time I had inspected the residence. The first time was prior to their purchasing it in or about March, 1981. The current inspection was limited to looking for indications of faulty foundations and other structural weaknesses and/or deterioration. I found none, just as I found none in 1981. I found no signs of past or recent cracking in the exterior brick veneer or on inside walls and ceilings that would indicate a structural weakness. A few mortar joints had been patched, apparently prior to 1981. These joints were not irregular in width or in patterns that would suggest even slight structural failure. To sum up, in my professional opinion the foundation and the structure are structurally sound. There is no indication that maintenance, other than that which is normal for a residence, will be required to maintain the residence in excellent structural condition. GO C<A4,1•Cd Warren Harris, P E. Ark. License #1601 stcri\'‘.71.1.1:1—••• •••4;" 1091oN c: as ag 1133S119N3 7VN0ISS3:10 k 413113 1 519 30 • • • rTh S VS !III V X71.a c. —1 I0 tj, 07 11.08 11 ATTACHMENT 3 cc THE OLD CELLAR MAN Waterproofing of: Basements • Cellars • Grain Elevators or Any Underground Facility 31.424-4—& 104W, Emmett Shawnee, OK 74801 - Ci7 Custorner's",-- Order Nof_LSV(- 4141,31,9te, •M 7 fis Name Address 273-0537 se sd r.svm.d goods MUST S accompanied by 11111 Recd By 6 scidiU•S• ALL •URPOSE SSSSS POOn• 7.1 2 g 5Thi 1 eIZT "e" C ;) OM ACCT I.0•ZACTO PAW OUT OU AN. PR ICITtMACISM°UPTh / g6S. fr4fall pi .1314w rel.•fnnithateut t49 "zit ..1114 -it— 4 jr-ib-L-il le/ry-wAlina 14. AiSensid •-i"-L4d et..." "i44,443 ‘acti.." 9 oce A", 775 It__ 7441 w cdp,,ita (ogi,tez-.. 8.!! re 6. gi2,Pgiedt a i a/MD -Kro6" 436sita..)-1,43 # 70.8 6t se sd r.svm.d goods MUST S accompanied by 11111 Recd By 6 scidiU•S• ALL •URPOSE SSSSS POOn• 7.1 2 g 5Thi 1 r. • 'WA rap WITH MGFHL' EN7 OR 7, RfTUA OR UOTHAtv:]E . _ I 3r! " ' DER ACKSEWLEDGES RECEIPT OF AO/ kiR ECP2 IN :HE. ACTOUPT CF HTRE AN: a C3FEE TO F:OF CCT FOR ' 24EFFEIDT .PITH FE, "ELF . d-mir k 4- 0 2 1 CI 9 7 '? . , AC7 71A R OR YOUT. MOMEf Met.. ATTACHMENT 4 11.09 1 lrn. Lumber 'vwood oofing Susses 'ding linclows 'replaces * Doors * Mouldings * Finish Lumber * Cabinets * Appliances * Hardware * Electrical CCOUNT Na 1 • ::".5 ./R ORDER NO , 1 * Pluntoyug * Paint'- * Flood* * WaliWindow * Miscellaneous * Lawn & Garden SOLD T - RDER DATE jCUSLUMER ORDER NCl/ORDERED Efica tJANTITY- BACKORDER:" IMPORTANT SEPAIS Non 10tr. Mogen Follaterg Oro of Punnet. Pest Due I Itn °AST CUE ACO. -NTE leanest Reim cr interest perm nee Leos (Yu *items. is great/ entIte tnartieu or Am Due .ficreunn ow romans:* In cftwas an* Cost S Cotateen cludes A. &nee TIM RESTOCKING ;FORGE. 20% con Truck / IS! Customer Return. NO RETURN on Spar OreworF•10. rated teens OTEM NOI-t HOME CENTERS, INC. Yr21) E . 7:•‘ e ilp ATTACHMENT 6 11.11 SHIP TO: )SAME AS SOLD TO UNLESS SHOWN BELOW) .• SOW ASS TEC) CE : CE//C: .c7-ostecumellieMINW4MIANC. 7 e•-• .eetcse Pe --.-J _ hgcs&a*-77.11h-7t''' • IPS" IL -L -Tit' 7 el: WHOM., Saga r:.:3puG.34 SIL. M CARPET is- et- a Up* — TOTAL. ORIGINAL %sr ORIGINAL X * Dim. Lumber ✓ Plywood Roofing * Trusses * Siding * Windows * Fireplaces * Doors * Mouldings * Finish Lumber * Cabinets * Appliances * Hardware * Electrical ACCOUNT NO. I OUR ORDER NO. I - - - * Plumbing * Paint * * U & VVindow * Miscellaneous * Lawn & Garden SOLD Ta mi=1.111 iNationall HOME CENTERS, INC. ATIFACIIMENT. 7 41, k SHIP TO: (SAME AS SOLD TO UNLESS SHOWN BELOW) - • . T• 1?. j - es ORDER DATE CUSTOMER ORDER f40: ORDERED BY -- —• r I 1.1 CC: c. =NT • --L.-771 TOTAL IMPORTANT TIFMS Net 10? ce Konnin %Meng Dm at enonne. Pan Due I In :R.57 :OE ACCOrS Nimes: RPM Of inoren nommen by Lno 0 10.;wncneve. mann will De crneee en Run One Accounts osn remennee re cm me,S.LG_._E----.en be el- nant mmr. Fes. RESTOCKING CNKFIGE 20% out T1 I 5% Gnome Rem NO RET2eRN or. Scam Oter FM- K:net On ORIGINAL RECEIVED TME ABOVE IN G000 GOND a.. ATIlc Pgrt8 il CITY OF FAYETTEVILLE, AR CLAIM FORM / documentn including receipts or three estimates. INSTRUCOONE: Complete this form and clearly state the reason g: oAdditional for the Ira, amount you are claiming, and attach appropriate eets malebe used. Please mall to or drop by: City Administration Bldg., Public Works Dept-, 113 W. Mountain, Fayetteville, AR 72701 (501-575-8330) 4 4131 NAME: U.; t: 19X/ flo A :61_eftelcA)1 n STREET ADDRESS: 9 1/2 a./ ne, CITY, STATE & ZIP: -7Ca ypo )440t).74. A t PHONE NO: 914/3-1,44.193 SOCIAL SECURITY NO: 4,1510 -1/42 - c•7_,,y The undersigned hereby files a claim(s) against the City of Fayetteville, Arkansas for the following reason(s): e -L-6, Lui•-72.- la_.;cd _i . 4.-4,-#4.a.rJ c..;., adz_ .0.21J..g...e . (i4_2% 'Ts . bryitie (v.* A_,"2.4.1.4:4___p :IL, Auti.-_ Leisoci- ID,* _i•-) .4.---t.4.-te-0 .....4 a -24i 474,1. e<17 4.-cjkt.orit-Lge..,00 AL .S.A.a.., .....) 4t_. elpi.4.0,0_ ea 401.1„4) 4A-74- owv Lteter_Aa g--- _lc..2ns_n_aalrffr-9-t-ca--y•CA_, -4f.e.- one? 4.AP n -.2.o "Lc.....4_4__ -t) Jai evil 2-0---4 A -e-14-' St- Art-tA•/ Ltear-Str,-C-C_ _- t;t-I frit ti -L-1- L2-4-1) -I-L, wx ktit-e-cet-' tlican c..14-2v—dt=4A—r1.- 4re4/ Signature 11- 15-44. te Received Referred To PUBLIC WORKS DIRECTOR I- d5 Mrs. 6-oodwth danne. b Li Co..I ke 1.00.04- • DATE ACCEPTED -Re : Sfrutuf-s CIovn. DENIED g neligTTEVIILL. _4( NO CM' Of FAITITEVIUI, ARKANSAS ATTACHMENT 9 DEPARTMENTALlaRRESPONDENCE To: Kevin Crosson, Public Works Director From: David Jurgens, W/S Maintenance Supervisor Date: April 21, 1995 Subject: Citizen Claim- 2903 Inwood (John and Phoebe Goodwin) The claim for damages in the apartment at 2903 Inwood is probably justified. The incident occurred when there was (apparently) a slow, difficult to detect water leak in the street uphill from their home in the fall of 1993. In October, 1993, the main broke enough to surface - prior to that time there was no water appearing on the surface of the street or the ground in the area. There is still a possibility their original problem was drainage and not a water leak. Mrs. Goodwin claims the water leak was there for months before it was visible in the street, because her wall and home were getting wet for several months before the leak. This may or may not be the case, and it is impossible to determine now. We did have people check for a leak with no success. They listened without hearing anything, and no water was surfacing except along right by her house. No chlorine showed up, although she lives at the bottom of a hill and the chlorine may have dissipated by the time it reached her house. We have traced chlorine at much farther distances than from this leak site to her house in other cases, but that is an uncertain business as the water was traveling through the ground. She also claims there is another water leak. I do not believe there is, as there was no water visible during the dry period of early late March and early April, 1995. I looked in all of the drainage ditches in the area, including one which directly receives drainage from the ditch in which the water line is laid (we emplaced a french drain from the water line ditch to a drainage ditch). I have visited the site on at least ten occasions since, including when we installed the french drain. These have deliberately been in all kinds of weather. I hen coming- from the large hint. From my research, this line does not have a history of water leaks. We will continue to periodically visit the site to determine if we can find a water leak in the area. At the current time, I do not believe there is one. We dug out the pipe again in November- the amount of water in the ditch is not consistent with a leak. The 1 RESOLUTION NO. 42-96 A RESOLUTION APPROVING A SETTLEMENT IN THE AMOUNT OF $2,500 TO JOHN AND PHOBE GOODWIN FOR WATER LEAK DAMAGE CLAIM. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. The -City Council hereby approves a settlement in the amount of $2,500 to John and Phobe Goodwin for water leak damage claim. A copy of the claim is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 19th day of March , 1996. Traci Paul, City Clerk APPROVED: By: