Resolution 5179 - Establishes Sewer & Water Utility Goodwill PolicyRESOLUTION No. 5179
A RESOLUTION TO ADOPT A UTILITY GOODWILL POLICY FOR THE CITY OF
KALISPELL TO PROVIDE FINANCIAL ASSISTANCE FOR THOSE CITY
RESIDENTS WHO EXPERIENCE DAMAGE TO THEIR HOMES AS A RESULT OF A
BLOCKAGE IN THE CITY SEWER MAIN OR A BREAK IN THE CITY WATER LINE
THROUGH NO NEGLIGENCE OF THE CITY OR THE DAMAGED RESIDENT.
WHEREAS, from time to time residents of the City of Kalispell experience damage to their
homes as a result of a blockage in the City sewer main or a break in the City water
line although the cause of the blockage or breakage is not due to any fault or
negligence on the part of the City or of the damaged resident; and
WHEREAS, when a City residence is damaged in this way, without any fault or negligence on
the part of the City, any claim made by the damaged resident against the City will
be denied by the City's insurance carrier because the City's insurance contract
does not provide coverage for such losses; and
WHEREAS, the City Council has determined and it now finds that it should adopt a policy to
provide some financial assistance in certain situations in which residents
experience losses as a result of a blockage in the City sewer main or a break in the
City water line through no fault or negligence on the part of the City or the
damaged resident.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of THE CITY of
KALISPELL AS FOLLOWS:
SECTION I. The Kalispell City Council hereby adopts the following WaterlWastewater
Damage Claim Review Committee Policy and Guidelines:
1) The Committee shall meet on an as needed basis and consists of the
following three members:
Public Works Director
Public Works Water Resource Manager
Finance Director
2) All claims shall first be submitted to the City's insurance carrier and
appropriate third party insurance carriers. The Committee shall consider
the claim after the City's insurance carrier and any homeowner's carrier
has responded and declined coverage.
3) The claimant must submit original receipts and/or cost estimates for
cleanup or repair work. If the claimant chooses to perform cleanup and
claim personal labor and materials costs, the claimant must provide a
written estimate from a cleaning company as to the work hours and costs
to complete the job. Non -eligible expenses include: inconvenience, lost
wages, lost business revenues, lost business profits, or similar items.
4) The Committee shall review claims on a case -by -case basis and
compensation shall be considered in light of the facts surrounding that
particular incident. Claims will not be paid in cases of clear liability on a
third party or "Acts of God" such as extreme weather, earthquakes, etc.
5) The Committee may authorize payments up to $5,000 per claim and will
make recommendations to the City Manager regarding larger requests.
6) The City Manager may authorize payments over $5,000 per claim.
7) The claimant shall sign a form waiving related claims or actions against
the City as a condition of payment.
8) Program is funded annually as follows:
• $15,000 — Sanitary Sewer Fund Budget
• $ 7,500 — Water Fund Budget
SECTION II. The above stated policy shall become effective July 1, 2007.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR of
THE CITY of KALISPELL THIS 5TH DAY OF F`EBRUARY, 2007.
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Pamela B. KenneJ7
Mayor
ATTEST:
Theresa White
City Clerk