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HomeMy WebLinkAbout2004-02-17-Resolutions 04-37_Small Claims Action Settlement - SamplesTHE CITY OF WAUKEE,IOWA RESOLUTION 04-37 APPROVING SETTLEMENT OF SMALL CLAIMS ACTION (SCSC024625)IN THE AMOUNT OF $3,300;$2,500 TO BE PAID BY ICAP AND $800 TO BE PAID BY THE CITY OF WAUKEE WITH THE UNDERSTANDING THAT THE CITY DENIES LIABILITY IN THIS DISPUTED CLAIM IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA WHEREAS,during a heavy rain storm in the spring of 2003,the City of Waukee had problems with a monitoring station in the sanitary sewer line near the home ofMr.and Mrs.Mitchel Samples of 1985 Westwoods Drive;AND, WHEREAS,the problems in the sanitary sewer line although not the result of city negligence, resulted in damages of $4,000 to the basement ofMr.and Mrs.Samples home;AND, WHEREAS,the insurance carrier for the City of Waukee denied the $4,000 damage claim brought by Mr.and Mrs.Mitchell Samples against the City;AND, WHEREAS,as a result of the denial,Mr.and Mrs.Mitchell Samples of 1085 Westwoods Drive sued the City of Waukee in Small Claims Court for the $4,000 in damages;AND, WHEREAS,the City of Waukee's Risk Pool hired Attorney Apryl DeLange of Hopkins & Huebner,P.C.to represent the City in Small Claims Litigation;AND, WHEREAS,after visiting with the City Attomey,City Council,Mayor and Staff,Attorney DeLange pursued a settlement of said claims;AND, WHEREAS,after negotiations,Mr.and Mrs.Samples indicated they would settle for a payment of$3,300;AND, WHEREAS,ICAP will contribute $2,500 towards the settlement (the aggregate total amount the City could receive from ICAP each policy period)and the City ofWaulcee will contribute $800.00;AND, WHEREAS,Attomey DeLange recommends settling this claim with the understanding that the release will state that the City of Waukee denies liability in this disputed claim;AND, WHEREAS,City staff are in support of this settlement NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 17th day of February 2004 that it hereby approves settlement of Small Claims Action (SCSC024625)in the amount of $3,300;$2,500 to be paid by ICAP and $800 to be paid by the City with the understanding that the release will indicate that the City denies aJlliability in this claim. Attest: ROLL CALL VOTE Nicholas C.Gruber Donald L.Bailey,JI. Bill Peard Jeff Mertz Darlene Stanton AYE X X NAY X X ABSENT X ] 1