HomeMy WebLinkAbout1997-113-08/05/1997-AUTHORIZING THE ESTABLISHMENT OF AN ADMINISTRATION HEARING PROCESS FOR REVIEWING CLAIMS OF PROPERTY RESOLUTION 97-113
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE ESTABLISHMENT OF AN ADMINISTRATION HEARING PROCESS
FOR REVIEWING CLAIMS OF PROPERTY OWNERS RELATED TO THE SPRING
CREEK FLOOD
WHEREAS, on July 28 and 29, 1997, certain areas of the City were severely damaged and
five(5) lives were lost due to the flooding of Spring Creek; and
WHEREAS,the flood destroyed or severely damaged numerous mobile homes and vehicles
located in the Johnson Center Mobile Home Park and the South College Trailer Park; severely
damaged public and private infrastructure; caused the evacuation of residences and businesses;
caused the temporary closure of businesses; and caused the loss or destruction of various items of
personal property; and
WHEREAS, in order to undertake emergency rescue operations and attempt to minimize the
loss of human life and the preservation of property, the City Manager, acting pursuant to the
authority granted in Section 2-671(a)(1) of the City Code, proclaimed the existence of a local
emergency; and
WHEREAS, during the course of emergency operations implemented to deal with the flood,
City personnel and contractors removed numerous mobile homes, trailers, vehicles, furniture,
appliances and other items of personal property from the Spring Creek Channel and the surrounding
flood plain so as to minimize the future loss of lives and property in the event of additional heavy
rainfall resulting in a recurrence of the flooding, and so as to facilitate rescuers in locating victims
of the flooding; and
WHEREAS, during the course of such emergency rescue and removal operations, certain
items of private property may have been further damaged or demolished; and
WHEREAS,the owners of some of the above-referenced items of property have contended
that such removal and/or destruction of private property was unlawful and that they should be
compensated by the City for such losses; and
WHEREAS,the Colorado Governmental Immunity Act(the"Act") establishes a procedure
whereby any person claiming to have suffered an injury by a public entity or by an employee of
thereof while in the course of that person's employment is to file a written notice with such public
entity within one hundred eighty (180) days after the date of discovery of the injury; and
WHEREAS, under the Act,the City has a period of ninety (90) days after the filing of any
such notice within which to investigate such claim, before any state tort action thereto can be
commenced; and
WHEREAS,the City Council wishes to supplement the provisions of the Act and to provide
a hearing process for such individuals, in the event that they have sustained uncompensated losses
which they believe should be paid by the City.
NOW, THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS, as follows:
Section 1. That the City Manager is hereby authorized and directed to develop, in
consultation with the City Attorney, an administrative hearing process to review any claims timely
filed with the City under the provisions of the Act in which the claimant contends that the City
improperly removed or destroyed items of personal property during the course of emergency
operations related to the above-referenced flood.
Section 2. That nothing herein shall be construed as prohibiting the Director of
Purchasing and Risk Management from investigating, settling and/or denying any such claims
pursuant to the authority and guidelines established in Resolution 88-183.
Passed and adopted at a regular meeting of the City Council hel 5th day of Au D.
1997.
Mayor
ATTEST:
City Clerk