RESOLUTION NO. R99-1499

A resolution authorizing the Metropolitan Department of Law to compromise and settle the claim of Christopher Utley and Adrienne Utley, and Antione A. Utley against The Metropolitan Government of Nashville and Davidson County for an amount not to exceed $7,500.00, and directing this amount be paid from the self-insured liability account.

Whereas, the owners of 509 and 511 Emerald Court experienced a sewer back-up on October 5, 1995 and November 15, 1995; and,

Whereas, the owners called Water & Sewer on both occassions; and,

Whereas, Water and Sewer regularly pumps from the nearby storm water sewer line into the river during heavy rains; and,

Whereas the Utley family suffered property damage to the personal possessions in their home due to the sewer back-up; and,

Whereas, after investigation of this matter, the Department of Law believes that the settlement set forth in Section 1 hereof is fair and reasonable and recommends that the lawsuit be compromised and settled, and that said amount be paid from the Self-Insured Liability Account.

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 all claims of Christopher Utley and Adrienne Utley, and Antione A. Utley, against the Metropolitan Government in the lawsuit styled Christopher Utley, Adrienne Utley, Antione A. Utley, vs. Metro Government, Circuit Court Docket No. 96C-3299, for an amount not to exceed $7,500.00 and discretionary costs, and that said amount should be paid from the Self-Insured Liability Account.

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.

Sponsored By: Ronnie Steine