RES 2016-0207 - Conclude damage claim from Matthew Kouir for sewer collapse and backup damages i0MANA,NF6 o-v �
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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:
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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)
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/ASSISTANT CITY ATTORNEY DAT
p:\law—city council documents\2016\50004s1w.doc
By Li
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ouncilmember
Adopted .ED.pQ..2 3...2016 _ Q
Cit Clerk �/1
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Approve .— ""
Mayor
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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