City Attorney
Roger Baker
Tooele City Attorney
90 North Main Street
Tooele, UT 84074
Phone: 435.843.2120
Fax: 435.843.2129
Title 8. Chapter 14. No-fault Utilities Claims
8-14-1. Short title.
(Ord. 88-34, 01-04-89)
8-14-2. Purpose.
(Ord. 2007-08, 04-18-2007) (Ord. 88-34, 01-04-89)
8-14-3. Definitions.
(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)
8-14-4. Administration and establishment of regulations.
(Ord. 2007-08, 04-18-2007) (Ord. 88-34, 01-04-89)
8-14-5. Reimbursement - Claims - Time limitations.
(Ord. 2007-08, 04-18-2007) (Ord. 88-34, 01-04-89)
8-14-6. Claims - Investigation and recommendation.
(Ord. 2007-08, 04-18-2007) (Ord. 88-34, 01-04-89)
8-14-7. Criteria for payment.
(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)
8-14-8. Maximum payments.
(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)
8-14-9. Payment does not imply liability - Release Required.
(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)
8-14-10. Annual budget expenditures.
(Ord. 2007-08, 04-18-2007) (Ord. 88-34, 01-04-89)
8-14-11. Claims from other governmental agencies.
(Ord. 2007-08, 04-18-2007) (Ord. 88-34, 01-04-89)
Click Here for a .pdf copy of Title8 Chapter14
Please Note: Every attempt has been made to keep this online Tooele City Code up-to-date; however, there may be discrepancies between this online code and that which is actually adopted. If you have questions about the Tooele City Code or for the most recent update, please call (435) 843-2120 or email attorney@tooelecity.org.
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