Broken Arrow City Council
Meeting of: 09-15-15
To: Mayor and City Council
From: Office of the City Attorney
Title:
title
Consideration, discussion and possible approval of Resolution No. 892, a Resolution authorizing the City Attorney to enter into a proposed Joint Petition for Approval of Settlement and a Journal Entry of Judgment in regard to the tort claim filed by Robert Cook’s Green Acre Sod Farms, Inc., and directing the City Attorney to prepare and file the necessary documents to effectuate settlement, including a Journal Entry of Judgment incorporating the resolution of the Court’s approval, pursuant to 51 O.S. § 158
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Background:
On April 2, 2015, Robert Cook’s Green Acre Sod Farms, Inc. filed a tort claim against the City of Broken Arrow alleging it sustained $75,499.20 in damages to the sod crop at Green Acre Sod Farms, Inc., located at 151st Street and Garnett Road. Mr. Cook owns an 80 acre sod farm located north and east of the City of Broken Arrow’s Haikey Creek Wastewater Treatment Plant located at11601 South Garnett Road. Mr. Cook claimed the City of Broken Arrow discharged water from its Kupferle Eclipse Auto Flusher from the water line serving the Haikey Creek Wastewater Treatment Plant in amounts that were sufficient to flood six acres of Mr. Cook’s sod farm, causing the loss of two harvest seasons, or approximately 130,168 square feet of sod and expenses for soil remediation due to the saturated soil from November 20, 2014, through April 14, 2015. Mr. Cook alleges lost revenue from the City’s flooding of his sod farm of $57,499.20. Mr. Cook also estimates the cost to remediate the disease and soil damage at $18,000.00 in labor and material, for a total demand of $75,499.20.
It is undisputed that the City discharged up to 17,600 gallons of water per day across Mr. Cook’s property from November 20, 2014, through April 14, 2015. The City’s discharge was sufficient to cover six acres of Mr. Cook’s sod farm with 1/10” of water every day during this period. Mr. Cook has agreed to accept $50,000.00 from the City of Broken Arrow as full and final settlement of the damage to Green Acre Sod Farms.
The attached Resolution authorizes a proposed Joint Petition for Approval of Settlement and a Journal Entry of Judgment, as well as direction to prepare and file the documents necessary to effectuate the terms of the settlement.
Cost: $50,000.00
Prepared By: Beth Anne Wilkening, City Attorney
Reviewed By: Assistant City Manager
Finance Department
Approved By: Russell M. Gale, Acting City Manager
Attachments: Resolution No. 892
Recommendation:
Approve Resolution No. 892 and authorize its execution.