Agenda Packets - 1985/11/18 - Laserfiche WebLink

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MEMO TO: CLERK -ADMINISTRATOR AND CITY COUNCIL FROM: PUBLIC WORKS/COMMUNITY DEVELOPMENT DIRECTOR THATCHEyl%p T DATE: OCTOBER 31, 1985 'QQ��' SUBJECT: IIURSE AND I11DER WESTERN WEAR'S BILL FOR REPAIR OF WATER SERVICE LINE On January 10, 1985 the City repaired Horse and Rider's curb stop and box. We did this because water was seeping out from the ground around the curb stop box. We could not determine who was responsible for the leaking. Upon excavating the hole Staff determined that the leakinq was cominq from the rather mangled 3uinttun boUi sides ul III,, curb swp and box. The top of the curb box looked like it had been sheared off.. Taking into consideration the above information the only logical cause of leaking joints on either side of the curb stop is that the curb stop joints were damaged at the same time that the curb box was sheared off. City Code, Chapter 70.03 states that maintenance of the curb stop and box shall be that of the appliidnt, owner, or occupant or other user of the premises and it shall be the responsibility ofAparty to maintain said equipmen'_ and pay for the necessary repairs. Therefore, on May 9, 1985 the City sent Horse and Rider a bill in the amount of $1,590.27. Thg price is high oecause there was an extremely high water table area The bill is clearly his responsibility to pay. We gave him every opportunity to take a look at the narts that were removed from the hole. I know he received the bill because he called Cout.cilmember Phyllis Blanchard to discuss this bill end said that he thought he should only be responsible for Calf of the bill. I tried to call him several times after tal%ing to Councilmember Blanchard but he has not returned my phone calls. Finally, I called ana he answered the pnone and we discussed this issue. We talked about this on October 10, 1985 and I said that he was clearly responsible for paying this bill. However, after much discussion I agreed to have a one day sale on his bill and that if he paid his bill today, he could pay half the bill and I would take that as full payment. He sail he would be by in a couple of hours to pay the bill and he never showed up. '905, On October 31, the City received a check in the amount of $795.14 from Horse and Rider with the statement "Paid In Full" on the check. I plan to return the check to Horse and Rider stating that he mibsed the half price sale by over two weeks and that he should pay the full amount due per my October 11, 1985 letter (letter attached) or we will be forced to start procedures for shutting off his water. I feel we should take this position because: