The City of Monticello, Iowa
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF MONTICELLO, IOWA
RESOLUTION #12-106
Resolution to approve payment of a 50% share of expenses incurred by Tom Keleher in digging up the sidewalk and street and repaving of same in search of water leak into basement of building at 109-111 E. 1st Street, owned by Keleher.
WHEREAS, the City Council finds that the buildings located in downtown Monticello at 109-111 E. 1st Street are owned by Tom Keleher and that water was recently discovered to be leaking into the basement of said buildings along the Keleher service line entering the building, and
WHEREAS, It was initially believed that the leak, as it was exposing itself along the Keleher service line, was generating somewhere along the Keleher service line, between the main and the building, and
WHEREAS, Keleher hired Next Generation Plumbing and Heating, who in turn hired Jay Iben to assist with the digging, in an effort to expose the line and see to its’ repairs, and
WHEREAS, After digging up the sidewalk and a portion of the street, albeit not to the main, it was found that the Keleher line did not appear to be leaking and that the water following the Keleher service line was potentially generating from another source and merely following the Keleher line into the Keleher basement, and
WHEREAS, Keleher has requested that the City pay all bills associated with his effort to correct what was anticipated to be his service line, including a bill from Iben, Next Generation, and an anticipated bill from Mac Concrete Construction, and
WHEREAS, The Council found that this was an unusual situation, as normally the cause of a known water leak is discovered upon digging and in this case the cause was not determined and apparently the leaking into the Keleher basement stopped after the hole was filled and the concrete patched even though there were no “plumbing” repairs, if you will, to either the Keleher service or the City main, and
WHEREAS, The Council found that a fair resolution of the request, not knowing how and where the leak generated, was to pay 50% of the invoices accrued by Keleher not to exceed $1,250.00, with the understanding that should it be discovered in the near future that the leak was caused by a leak in the City water main that Keleher could request additional reimbursement and with the further understanding that should it be determined in the near future that the leak was in fact the result of a leak in the Keleher service, from and including the Keleher saddle (on the main) to the building that Keleher will reimburse the City.
NOW, THEREFORE, BE IT RESOLVED that the City Council of Monticello, Iowa does hereby agree to reimburse Keleher a sum not to exceed 50% of the project costs or $1,250, whichever is less, upon the presentation of invoices from Next Generation, Jay Iben Construction, and MAC Concrete Construction, with a written agreement to be prepared and signed by Keleher and the Mayor outlining the responsibility of both the City and Keleher in regard to further expenditures or responsibility should a future determination be made that clarifies the cause of the leak, whether it be the City Main or the Keleher service.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and caused the Great Seal of the City of Monticello, Iowa to be affixed hereto. Done this 6th day August, 2012.
Dena Himes, Mayor
Attest:
Sally Hinrichsen, Monticello City Clerk