Title 8. Chapter 14. No-fault Utilities Claims

The ordinance codified in this Chapter shall be known as the “No-fault Utilities Claims Ordinance.”

(Ord. 88-34, 01-04-89)

It is the purpose of this Chapter to compensate persons for loss sustained as the result of a break or backup in a city-owned and maintained watermain or sewer line, regardless of fault on the part of the City, within the restrictions, limitations, and other provisions of this Chapter.

(Ord. 2007-08, 04-18-2007) (Ord. 88-34, 01-04-89)

Unless the context specifically indicates otherwise, the following terms and phrases, as used in this Chapter, shall have the meanings hereinafter designated:

(1) “City” means Tooele City Corporation, a political subdivision of the state of Utah.

(2) “City Attorney” means the City Attorney or his/her designee.

(3) “Person or applicant” means any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, or any other legal entity (except the United States Government or any of its agencies, or the state of Utah and any of its political subdivisions) or their legal representatives, agents, or assigns.

(4) “Political subdivision” means any political subdivision of the state of Utah, including state departments and agencies, cities, towns, counties, and school districts.

(Ord. 2007-08, 04-18-2007) (Ord. 88-34, 01-04-89)

The Mayor may establish regulations sufficient to provide for the handling of such claims and disbursement of those funds which are set aside for payment of claims under this Chapter.

(Ord. 2007-08, 04-18-2007) (Ord. 88-34, 01-04-89)

All claims for reimbursement under this Chapter must comply with the Governmental Immunity Act of Utah, Utah Code Annotated §63-30d-101 et seq., as amended, and be submitted to the City Recorder within thirty (30) days after the incident giving rise to the loss occurs.

(Ord. 2007-08, 04-18-2007) (Ord. 88-34, 01-04-89)

Claims received by the City Recorder shall be referred to the Department of Public Works for investigation and recommendation. The Department’s report shall be forwarded to the City Attorney for determination under the criteria of this Chapter. All payments authorized by the City Attorney shall be madeby the Director of the Department of Public Works.

(Ord. 2007-08, 04-18-2007) (Ord. 88-34, 01-04-89)

(1) The determination as to whether to make payment of a claim submitted pursuant to this Chapter shall be based on the following criteria:

(a) Whether an eligible claimant suffered an otherwise uninsured property loss, caused by breach or backup of a City-owned water main or sewer line, under circumstances where the claimant acted responsibly to avoid the loss; and,

(b) If so, whether the extent of the loss has been adequately substantiated.

(2) The following shall result in the denial of a claim:

(a) Claim not timely submitted;

(b) Loss fully covered by private insurance;

(c) Claimant ineligible under the terms of this Chapter;

(d) Loss caused by an irresponsible act of the claimant, claimant’s agent, or member of claimant’s business or household; or

(e) Loss or eligibility unsubstantiated.

(3) The following shall result in reduction of payment:

(a) Loss partially covered by private insurance;

(b) Loss exceeds funding limits of this Chapter;

(c) Verification of loss inadequate or incomplete; or

(d) Claimant did not cause the problem but failed to act responsibly to minimize the loss.

(Ord. 2007-08, 04-18-2007); (Ord. 88-34, 01-04-89)

(1) Payments under this Chapter shall not exceed $10,000 per claim.

(2) For budgeting purposes, payments under this Chapter shall not exceed $100,000 per fiscal year. However, the City Council may, in its sole discretion and without amendment to this Section, budget additional funds in any given fiscal year by Resolution.

(Ord. 2007-08, 04-18-2007) (Ord. 88-34, 01-04-89)

(1) Any payment of a claim made under this Chapter shall not be construed as an admission of, nor does it imply, any negligence or responsibility on the part of the City. Any payment made under this Chapter is strictly voluntary on the part of the City.

(2) This Chapter shall not in any way supersede, change, or abrogate the Government Immunity Act of Utah, and its application to the City, or establish in any person a right to sue the City under this Chapter.

(3) Any payment of a claim made under this Chapter and accepted by the claimant shall constitute a full and complete release of any and all claims against the City, its officers, employees, and agents for any damage or loss arising from the incident.

(4) Any payment of a claim made under this Chapter shall be expressly conditioned upon the City first receiving a written release of liability, signed and notarized by the claimant, in a form acceptable to the City Attorney.

(Ord. 2007-08, 04-18-2007) (Ord. 88-34, 01-04-89)

The Department of Public Works is authorized to provide for and include within its budget a fund from which payment of claims may be made pursuant to this Chapter.

(Ord. 2007-08, 04-18-2007) (Ord. 88-34, 01-04-89)

Notwithstanding any other provisions of this Chapter, no claim shall be accepted from the United States or any of its departments or agencies, or from the state of Utah or any of its political subdivisions.

(Ord. 2007-08, 04-18-2007) (Ord. 88-34, 01-04-89)