07-0563R


RESOLUTION APPROVING SETTLEMENT OF CLAIM OF KIRK AND CONNIE LINSE IN THE AMOUNT OF $12,418.08.

BY COUNCILOR JOHNSON:

     RESOLVED, that the proper city officials are authorized to pay to Kirk and Connie Linse the sum of $12,418.08 in full and final settlement of the claim which arose out of a break in a city watermain occurring near 621 Old Howard Mill Road on March 8, 2007; payment to be made from the Self Insurance Fund 610-036-1652-5841.


STATEMENT OF PURPOSE:  On March 8, 2007, a city watermain ruptured causing water to penetrate and damage the basement and landscaping of property located at 621 Old Howard Mill Road and owned by Kirk and Connie Linse.


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 $12,418.08. The city attorney’s office recommends this settlement.