BY COUNCILOR STOVER:
RESOLVED, that the proper city officials are authorized to pay to Dennis Walkowiak the sum of $11,577.36 in full and final settlement of the claim which arose out of a break in a city watermain occurring on January 20, 2005; payment to be made from the Self Insurance Fund 610.
STATEMENT OF PURPOSE: On January 20, 2005, a city watermain located on 59th Avenue West ruptured, causing water to penetrate and damage the basement of a structure located at 219 South 59th Avenue West and owned by Dennis Walkowiak.
The city’s liability is based upon the legal principle that it is under a duty to maintain its watermains in a reasonably safe condition. The city of Duluth has investigated this claim and verified the damages and expenses. The civil division of the city attorney’s office analyzed the city’s loss exposure. Settlement negotiations were conducted, and an agreement has been reached in the amount of $11,577.36. The city attorney’s office recommends this settlement.