Laserfiche WebLink
G. Settlement of Claims <br /> To the extent authorized by section E and section F,the Mayor is authorized to <br /> settle claims in accordance with the following: <br /> 1. Settlement Capped at$25,000 Per Structure. The City may pay up to <br /> $25,000 per structure per Damage Event to the structure's owner, for all <br /> damage to real and personal property. For the purposes of this section, an <br /> apartment building,multifamily structure or similar structure is a single <br /> structure. <br /> 2. Settlement Capped at$5,000 per Tenant Unit. In addition to the$25,000 <br /> per structure in section G.1,the City may pay up to $5,000 for each tenant <br /> unit to tenants per Damage Event,for their personal property. <br /> 3. Definition of Damage Event. For the purposes of this section,a"Damage <br /> Event"is the event that causes the damage for which a claimant files a <br /> claim against the City. In circumstances where a storm causes sewer <br /> backups, overland overflows and/or surcharges,the storm is the single <br /> Damage Event. If multiple storms cause sewer backups, overland <br /> overflows and/or surcharges within a reasonably concentrated number of <br /> days, all such storms are considered a single Damage Event. <br /> Accordingly, a storm that,for example, causes a property to suffer damage <br /> by sewer backup and by overland overflows from a manhole is a single <br /> Damage Event, and the total damage is.subject to the$25,000 limit in <br /> section G.1 and the$5,000 limit in G.2. <br /> 4. No Admission of Liability. The settlement authority granted in this <br /> section G is not an admission of any liability. This authority is granted in <br /> recognition of the costs of litigation. This settlement authority does not <br /> preclude the Mayor from determining to not settle with any or all <br /> claimants. <br /> 5. Adjustment of Settlement Caps. The City Attorney and the Department <br /> will periodically review the settlement caps in section G.1 and G.2 and <br /> will recommend to City Council adjustments to the settlement caps, either <br /> upward or downward. <br /> 6. Insurance. Unless otherwise determined by the City Attorney,(a)the City <br /> will not settle claims with respect to a structure unless the owner of the <br /> structure has tendered the damage claim to the owner's insurance and(b) <br /> the City will not settle subrogation claims. <br /> 7. Additional Authority. If the City Attorney and the Department determine <br /> that it is in the best interests of the City to settle a claim in excess of the <br /> settlement caps in section G.1 and G.2,then the City Attorney shall submit <br /> such settlement to City Council for approval or disapproval. <br /> • <br /> 12 <br />