DISCLAIMER

05-0567R


RESOLUTION APPROVING SETTLEMENT OF CLAIM OF JASON BORMAN IN THE AMOUNT OF $12,525.35.

BY COUNCILOR STOVER:

     RESOLVED, that the proper city officials are authorized to pay to Jason Borman the sum of $12,525.35 in full and final settlement of a claim which arose out of a sewer backup at 1039 - 85th Avenue West on April 13, 2005; payment to be made from Self-Insurance Fund 610, Agency 036, Organization 1653, Object 5841.


STATEMENT OF PURPOSE:  On April 13, 2005, a city crew was flushing the main sewer line. During the flushing process, pressure built up causing a burp in the line. As a result, sewage flowed into the basement of the house located at 1039 - 85th Avenue West. This home is owned by Jason Borman. The overflow event caused damages to the home and to personal property.


The city’s liability is based upon the duties and obligations to maintain the public sewers.


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 and recommends this settlement.