07-0564R


RESOLUTION APPROVING SETTLEMENT OF CLAIM OF CRAIG MISKA IN THE AMOUNT OF $11,810.41.

BY COUNCILOR JOHNSON:

     RESOLVED, that the proper city officials are authorized to pay to Craig Miska the sum of $11,810.41 in full and final settlement of the claim which arose out of a break in a city watermain occurring near 2421 West 23rd Street on February 28, 2007; payment to be made from the Self Insurance Fund 610-036-1652-5841.


STATEMENT OF PURPOSE:  On February 28, 2007, a city watermain ruptured causing water to penetrate and damage the basement and garage of property located at 2421 West 23rd Street and owned by Craig Miska.


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 $11,810.41. The city attorney’s office recommends this settlement.