CITY of RAPID CITY

Agenda Item Summary

 

Public Works Meeting Date: June 25, 2013

City Council Meeting Date:  July 1, 2013 Click here to enter date.

Staff Contact: Carla Cushman

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Agenda Title:

Discussion by Ken Edel Regarding Denial of Claim for Water Service Line on Behalf of Homeowners at 1905 38th Street.

Summary:

In 2004, the City connected the home at 1905 38th Street with a City water main as part of the Schamber Addition Water Main Extension Project No. W03-2386.  In 2012, Mr. Edel filed a formal claim with the City of Rapid City on behalf of the homeowners concerning damage to a portion of the water service line that occurred in 2011.  Mr. Edel believes that this damage was caused by locating the service line in close proximity to an MDU anode bed.  The City’s insurer denied the claim on the basis that the City had not acted improperly and was not responsible for any damage.  Last July, Mr. Edel filed a lawsuit on behalf of the homeowners seeking repayment for the damage to the water service line; that lawsuit was voluntarily dismissed in March before any determinations were made as to whether the City breached a duty or what caused the damage to the water service line. 

Funding Source & Fiscal Impact (if applicable):

Homeowners paid $3,316.02 to replace a portion of the water service line in 2011.  Mr. Edel has received a quote to replace the remainder of the water service line (from the curb stop to the home) in the amount of $5,638.56.  Mr. Edel has asked the City to pay these amounts to the homeowners. 

Recommendation:

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Options:

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Attachments & Links:

Letter from Edel

Letter from City Attorney’s Office

Traveler’s Denial

Amended Traveler’s Denial

Plan Sheet for Service Tie-Ins

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