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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 -2- • 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; -3- (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 $30, 000 annually may be drawn to make the foregoing payments. Sec. 49-11-8. Regulations. The Director may establish regulations sufficient to provide for the handling of such claims and disbursement of those funds which are set aside for payment of claims hereunder. Sec. 49-11-9. Conditions. ( 1 ) Any payment made hereunder shall not be construed as an admission of nor does it imply any negligence or responsibility on the part of the City for such damage. Any payment made hereunder is strictly voluntary on the part of the City. (2 ) This ordinance shall not in any way supersede, change or abrogate the State Governmental Immunity Act, Utah Code -4- + r Annotated , Section 63-30-1 , et seq. , as amended , and its application to the City, or establish in any person a right to sue the City under this ordinance. (3 ) Any payment made hereunder and accepted shall constitute a full and complete release of any and all claims against the City, its officers, employees and agents arising from the incident. Sec. 49-11-10. No governmental claims. Notwithstanding any other provisions of this ordinance, no application shall be accepted from the United States or any of its departments or agencies, the State of Utah or any political subdivision. SECTION 2. This ordinance shall take effect upon its first publication and shall be retroactive in application through July 5, 1985. Passed by the City Council of Salt Lake City, Utah, this 6th day of August , 1985. CHAIRMAN ATTES T: CITY RECORDER Transmitted to Mayor on August 13, 1985 Mayor's Action: August 13, 1985 APPROVED AS TO FORM Salt Lake City cAt�torney's Office Date -5 �—=�— Sy .1. -5- _ //� , MAYOR ATTEST: ITY RECORDER cm1 1 2 ( SEAL) Bill 60 of 19 8;M..._ Published: August"'23, 1985 -6- Affidavit of Publication ADM-35A STATE OF UTAH, SS. County of Salt Lake Cher1 Gierloff........................................................... 4T. T D'• <�1 �G IFS. _. t$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 (o"Gtiy",rt d�,~SaifL C ahon;trffl,Nltal,sub dlVlslon of ttie" di• h c , P PRl11 trust,estate;or at, .S. vA�nmel)tor anv:b, ; X.at � ................................................ lf¢Political subdly e- p(� starts. x mean-qn sI chool dl =F (t5, 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 •.