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File #: RS2022-1755    Name:
Type: Resolution Status: Passed
File created: 8/16/2022 In control: Metropolitan Council
On agenda: 9/6/2022 Final action: 9/6/2022
Title: A resolution authorizing the Metropolitan Department of Law to compromise and settle the property damage claim of Cody Heimann against the Metropolitan Government of Nashville and Davidson County in the amount of $18,212.15, with said amount to be paid out of the Self-Insured Liability Fund.
Sponsors: Kevin Rhoten
Attachments: 1. Letter Metro Clerk
title
A resolution authorizing the Metropolitan Department of Law to compromise and settle the property damage claim of Cody Heimann against the Metropolitan Government of Nashville and Davidson County in the amount of $18,212.15, with said amount to be paid out of the Self-Insured Liability Fund.
body
WHEREAS, on June 24, 2022, a tree trimming crew from the Nashville Department of Transportation and Multimodal Infrastructure (NDOT) was removing a tree from 363 Binkley Drive when a tree limb fell, damaging a portion of the sewer service line and causing a sewage backup in the lower level of the home; and,
WHEREAS, after investigation, the Metropolitan Department of Law believes that the settlement listed in Section 1 is fair and reasonable and in the best interest of the Metropolitan Government and recommends that the property damage claim be compromised and settled for $18,212.15, and that this amount be paid from the Self-Insured Liability Fund.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1: The Metropolitan Department of Law is authorized to compromise and settle the property damage claim of Cody Heimann for the sum of $18,212.15 with said amount to be paid from the Self-Insured Liability Fund.
Section 2: This resolution shall take effect from and after its adoption, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.
Agenda Analysis
Analysis

On June 24, 2022, the Nashville Department of Transportation and Multimodal Infrastructure ("NDOT") removed a tree with roots growing through the street and a driveway belonging to Cody Heimann. During the removal process, a tree limb fell, damaging a portion of the sewer line. This caused a sewer backup into Mr. Heimann's home. Initially, the NDOT crew attempted to repair the damaged portion of the service line. Mr. Heimann did not have problems immediately, but six days later had a sewer backup in ...

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