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RES 2016-0207 - Conclude damage claim from Matthew Kouir for sewer collapse and backup damages i0MANA,NF6 o-v � �A , ���� 4 '. ; . Law Department �' rAA(;�v Omaha/Douglas Civic Center i�j��!" �VI"! 1819 Farnam Street,Suite 804 �® [L �1 '� i �„ y CJ,i s Omaha,Nebraska 68183-0804 o� _; - ti (402)444-5115 Aoq �4a FAX: (402)444-5125 Paul D. Kratz City of Omaha ;.;, L ,;.t F, .r! City Attorney Jean Stothert,Mayor Honorable President and Members of the City Council, Attached you will find a Resolution requesting approval for payment upon a damage claim submitted to the City of Omaha from Matthew Kouri, Kouri Management, for damages as a result of a sewer collapse and subsequent sewer backup at their commercial property located at 1904 Farnam Street on August 30, 2014. Due to this sewer backup, the claimants sustained damages in the amount of$90,535.45, but had insurance coverage in the amount of$7,500.00. This claim is for the balance in the amount of$83,035.45. The Law Department recommends this settlement as being in the best interest of the City of Omaha. The funds to satisfy this claim will come from the Sewer Revenue Fund No. 21121, Sewer Maintenance Organization No. 116511, Account No. 42255. Your favorable consideration and adoption of the Resolution is respectfully requested. Res lly submitted, Referred to the City Council for Consideration: Ro marie B. Lee Mayor's Office/Title Date Assistant City Attorney Approved as to Funding: Approved: ,..-,„6 6,/74/ - , . ,, ___4„,,,,r; .7,,f, i(,_,c_, _ Step e B. Curtiss Date R bert Stubbe, Director Date Finance Director s-7 Public Works Department p:\law—city council documents\2016\50003s1w.doc C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, the provisions of the Political Subdivisions Tort Claims Act; Section 13- 901 et seq., Nebraska R.R.S. 1943 set forth the requirements for damage claims against a political subdivision; and, WHEREAS, pursuant to the Act, a damage claim has been submitted to the City of Omaha from Matthew Kouri, Kouri Management, for damages as a result of a sewer collapse and subsequent sewer backup at their commercial property located at 1904 Farnam Street on August 30, 2014; and, WHEREAS, the City Law Department has investigated this claim and has determined that a reasonable probability of liability exists upon the City of Omaha for this incident; and, WHEREAS, the damages sustained by the claimant total $90,535.45, but there was insurance coverage in the amount of $7,500.00, which leaves a remaining amount of $83,035.45, which is the amount of this claim; and, WHEREAS, it is in the best interests of the residents of the City of Omaha to conclude this claim by settlement; and, WHEREAS, the funds to satisfy this claim will come from the Sewer Revenue Fund No. 21121, Sewer Maintenance Organization No. 116511, Account No. 42255. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, the City Law Department be directed to conclude this damage claim submitted with the City of Omaha from Matthew Kouri, Kouri Management, for damages as a result of a sewer collapse and subsequent sewer backup at their commercial property located at 1904 Farnam Street on August 30, 2014 in an amount not to exceed $83,035.45, and that the City Finance Department shall issue such warrant as necessary with said funds to be paid from Sewer Revenue Fund No. 21121, Sewer Maintenance Organization No. 116511, Account No. 42255. • ' ; VED AS TO FORT) / Z9 /� /ASSISTANT CITY ATTORNEY DAT p:\law—city council documents\2016\50004s1w.doc By Li ... .... ouncilmember Adopted .ED.pQ..2 3...2016 _ Q Cit Clerk �/1 Y Approve .— "" Mayor s r K NO .-c z Resolution by Res. that the City Law Department be directed to conclude this damage claim submitted with the City of Omaha from Matthew Kouri, Kouri Management, for damages as a result of a sewer collapse and subsequent sewer backup at their commercial property located at 1904 Farnam Street on August 30, 2014 in an amount not to exceed $83,035.45, and that the City Finance Department shall issue such warrant as necessary with said funds to be paid from Sewer Revenue Fund No. 21121, Sewer Maintenance Organization No. 116511, Account No. 42255. p:\law- city council documents\2016\50004s1w.doc Presented to City Council FEB 232016 Adopted 7-0 PrOwn City Clerk