060 of 1985 - No-Fault Utilities Claims j 0 85-1
A ��Y 0 85-31
SALT LAKE CITY ORDINANCE
No. 60 of 1985
(No-Fault Utilities Claims)
AN ORDINANCE AMENDING TITLE 49 OF THE REVISED ORDINANCES OF
SALT LAKE CITY, UTAH, 1965, BY ADDING A NEW CHAPTER 11 RELATING
TO NO-FAULT UTILITIES CLAIMS.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1 . That Title 49 of the Revised Ordinances of Salt
Lake City, Utah, be, and the same hereby is amended by ADDING a
new Chapter 11 thereto relating to No-Fault Utilities Claims, to
read as fo l lows :
Chapter 11
NO-FAULT UTILITIES CLAIMS
Sections:
49-11-1 . Short title.
49-11-2. Purpose.
49-11-3 . Definitions.
49-11-4. Application for reimbursement.
49-11-5. Review of applications.
49-11-6. Maximum payments.
49-11-7. Budget.
49-11-8. Regulations.
49-11-9. Conditions.
49-11-10. No governmental claims.
Sec. 49-11-1 . Short title. This chapter shall be known as
the "No-Fault Utilities Claims" ordinance.
Sec. 49-11-2 . Purpose. It is the purpose of this ordinance
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, within the restrictions, limitations and
other provisions of this ordinance.
Sec. 49-11-3 . Definitions. Unless the context specifically
indicates otherwise, the following terms and phrases, as used in
this ordinance, shall have the meanings hereinafter designated :
(1 ) "City" means Salt Lake City Corporation, a political
subdivision of the State of Utah.
(2) "City Attorney" means the City Attorney or his
designee.
( 3 ) "Person or applicant" means any individual ,
partnership, co-partnership, firm, company, corporation,
association, joint stock company, trust, estate, or any other
legal entity ( except the U.S. Government or any of its agencies,
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.
Sec. 49-11-4. Application for reimbursement. All applica-
tions for reimbursement hereunder must be submitted to the City
Recorder within 90 days after the incident occurs.
Sec. 49-11-5. Review of Applications. Applications
received by the City Recorder shall be referred to the Department
of Public Utilities for investigation and recommendation. The
department' s report shall be forwarded to the City Attorney for
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• s
determination under the criterion of this ordinance. All payment
authorized by the City Attorney shall be made by the Director of
the Department of Public Utilities solely from funds to be set
aside hereunder.
Sec. 49-11-6. Maximum payments. No payment under this
ordinance shall exceed any of the following :
( 1 ) $2 ,000. 00 per application or location;
(2 ) $20,000.00 per incident;
(3 ) $30, 000. 00 per calendar year.
Sec. 49-11-9. Criteria for payment.
( 1 ) The determination as to whether to make payment for
loss under this ordinance shall be based on the following
criteria:
( a) Whether an eligible applicant suffered an otherwise
uninsured property loss, caused by breach or backup of a
City-owned water main or sewer line, under circumstances
where the applicant 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 an
application:
( a) Application not timely submitted;
(b) Loss fully covered by private insurance;
(c) Applicant ineligible under the terms of this
ordinance;
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(d) Loss caused by an irresponsible act of the
applicant, applicant' s agent, or member of applicant' s
business or household;
( 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 ordinance;
( c) Verification of loss inadequate or incomplete;
(d) Applicant did not cause the problem but failed to
act responsibly to minimize the loss.
Sec. 49-11-7. Budget. The City Department of Public
Utilities is hereby authorized to provide for and include within
its budget a fund from which an amount not to exceed $30, 000
annually may be drawn to make the foregoing payments.
Sec. 49-11-8. Regulations. The Director 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 hereunder.
Sec. 49-11-9. Conditions.
( 1 ) Any payment made hereunder shall not be construed as an
admission of nor does it imply any negligence or responsibility
on the part of the City for such damage. Any payment made
hereunder is strictly voluntary on the part of the City.
(2 ) This ordinance shall not in any way supersede, change
or abrogate the State Governmental Immunity Act, Utah Code
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+ r
Annotated , Section 63-30-1 , et seq. , as amended , and its
application to the City, or establish in any person a right to
sue the City under this ordinance.
(3 ) Any payment made hereunder and accepted shall
constitute a full and complete release of any and all claims
against the City, its officers, employees and agents arising from
the incident.
Sec. 49-11-10. No governmental claims. Notwithstanding any
other provisions of this ordinance, no application shall be
accepted from the United States or any of its departments or
agencies, the State of Utah or any political subdivision.
SECTION 2. This ordinance shall take effect upon its first
publication and shall be retroactive in application through July
5, 1985.
Passed by the City Council of Salt Lake City, Utah,
this 6th day of August , 1985.
CHAIRMAN
ATTES T:
CITY RECORDER
Transmitted to Mayor on August 13, 1985
Mayor's Action: August 13, 1985
APPROVED AS TO FORM
Salt Lake City cAt�torney's Office
Date -5 �—=�—
Sy .1. -5-
_ //� ,
MAYOR
ATTEST:
ITY RECORDER
cm1 1 2
( SEAL)
Bill 60 of 19 8;M..._
Published: August"'23, 1985
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Affidavit of Publication ADM-35A
STATE OF UTAH,
SS.
County of Salt Lake
Cher1 Gierloff...........................................................
4T. T D'•
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IFS.
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t$e lftah ,.. .the3dme J-'
.. : ° Being first duly sworn, deposes and says that he/she is
legal advertising clerk of the DESERET NEWS, a daily
a d 1 IM
: �.
newspaper printed in the English language with general
a d published in Salt Lake City,
circulation m Utah, an ,
fare Salt Lake
e County, in the State of Utah.
opal ens. .`�'• �� -
Condtilons ,
,Q •.�;�F „n That the legal notice of which a copy is attached hereto
+�Na 1 be Fop, (ina"w as'ihe
"of'thisor'alganceto''1 Salt Lake City Ordinance No. 60 of 1985
` Persons �gidM[ s+ res aterm I in 0�Isrea``,7
'Ilne,reYardies5•of ffpppp(► �1...,. �.4lNer- -
other ProvlsionS of th,S adl IbHBr,c s,11mlT�nens endSec ._
Indicates omlerwi G 'fp , me eontext'speclflcanY ;� ........ No—Fault Utilities Claims.......................................
f111sordinance,s 11aitpPIs sryere and i hnorf►ers as�egpusn
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at, .S. vA�nmel)tor anv:b, ; X.at � ................................................
lf¢Political subdly e-
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t _ ti' . n for ralmbstale � a m�4."-�-
Im Ue .............................................................................................
{e hereunder msut sub to the
ctiy wl"fhI QOday$after the Incident occurs, was published in said newspaper on..................................
4•i1=5.lFeV wofAPPlicationg.,.Vj elv d
by the C ReeO�der'shPl1,lte+referred to t1iN
Pu Itc lull s ipr Inve -lApartment of
$iipation and; r�0 me on.The de
s reporkshau be forward rje typl�nev for August 23, 1985
deterniinottonundertheeriterlonof sor inanc ,All Vment ......•• .....••••••.••••••••••••.•• •...........•••••..•......•.••••••••..
authorized by ihe'Ctiy Aftornev shell be rrlade tI"L Director of
y
aside hertheGepa LnBM,of Public utiltiles solely,from funds to be set
Sec.49-11•.Maximum pay :,t�l,op ppXme�lt under this /B
ordinance shall exceed any of etfPfditlotv7d4: ............................................ :t.i,..... .A:. .....
((o Sr
oo Per a Vide tian or location; Legal d ve 1 si ng Cl r 11)$20,o00.00 Per InclderM;
(3)$30 00o.oil per calendar year.
sec.44.11-9.Criteria for Payment.
(1)The determination as to whether to mace Payment..
loss under-this ordinance shall be based on the followina q'tt -
rla:
(4)WfJe(her.on oIlaIble l�b
Insured property loss,Gauss ba
owned water main or saver•Il. under circa" 2`E hcrr
apP8e6rn acted responsibly to: Yl,the loss,and
(b)IfsO,whetilertheextefltOt noes been I+
su (bs 2hefollowina shall r@sp(t 14 1 an
oppli
(f(a)APPIIcatlon�o�wTt t�ltdtielY y,:
iWLoss
psik of fneli�0ib�4Yu 'kFmsCe.this `'before me this .................................l2th............................ day of
rltlRte,-(d)Loss caused by an Irr
Jlaarit's 60eM,or rrlemeb n of k P1e abet of
it A D 1985
.,te)Los$ar eJippmniN._ v
(3)T io foil owlppaq'shall r"u + _ +
(a)LQss Pbr'1""d!ov Nate 1 iPx�wTerq,
Logs exceeds rp Y o 1A)s
c)Verifluatton of,lagsl 1 naQce;
responsibl)AtpPPmllint�lddWtgt .....:
rv.:..r ...............................................
Sec.A9-il•7tzed oe}Thee z,, Notary Public
asfund from w�h ci h an ar out td p l
be drawn to mace the fore"ng paY
Sec.49-11-8.Reaulatlons. Rir�jmov establish rebU-
lations sufnoleM to kle for bq�q#f such Calms and
dlsbursemerd ofinese funds wh Y�g set 6gWe for Pavmern of
cloims hereunder. .x_ ,".
March 1, 1988
bM 4Y-11-Y.GonaflonS. "-•y,+,l ..,�,�.
0)An yy Payment rlfode hereunder sflal Ores ued as
an admission of does If Imply,any mlabdlie
tN on the Part of the CMy for such:
hereunder Is strictly volurlMry Odf)f@
(2)This ordinance Shu11 Wirt s' �
or abrogate the Stall Govern
Annotated,SeeNon63-30-1 etseQ, c�Pode ,
Lion to the City or esf�IIA in any.PBrsOri t0 sue the City
under this ordfnanee.
3)Any paYment made hereunadferr god con
the CiN,Ms o fl emp fete loveeseaTid`V ,,, 1 the
1nCideM. .4m
Sec.49.11.10. No yovernmento clai .
any other provislons of this ordina no appj� on 11
accepted from the UnMed Slides or of rys dep e�or
t aAe c Cf10N 2.Thi f naorr a svtwil gce effec[visinw Its first
Publlcallon and 9ha(i be reh aactive•in,aPR1lm"on through July
5,1 P�cissed by the Ctfy Council of Of A-- 11 Sall Lake City,Utah,this 6fh
day ust985. g k
S.Fonnesbeck
ATTEST. CHAIRMAN
Kathryn Marshall
CITY RECORDER
Transmitted to Mayor on August 13,1"&
MOYOr's ACNon:August 13,1"S
Palmer DePauils
ATTEST: MAYOR
Kothryn'Marsholl
CITY RECORDER t
(SEAL)
600 o I f 19115
Published:August 23,1905
(1�31) ..:
K •.