After October 6, 2021, between 390 and 550 residents filed claims with the city. June 20, 2022 Mr. Lyda stated that all Oct. 6 damage reports had been analyzed and the determination was that all were on private property. Thus, the city had completed all work related to the October storm. Some residents filed Sworn Statements of Claim in early April; this allows those residents to sue the city and were a result of inaction by the city. The city did not solicit those sworn statements and appeared to be "running the clock" on flood damages.
Update: Sworn Statement of Claim
Monday, June 20, 2022, during the city council meeting several officials [Mr. Lyda, Mr. Rice, and Mr. Corley (the city attorney)] indicated that all inquiries regarding a sworn statement of claim were to go to the city attorney. The city attorney stated that this was a litigation posture, so the city asked Mr. Corley and his staff to handle those communications. Mr. Rice calls this a “pre-litigation status”.
It seemed that Mr. Reeves (the city engineer who was sitting in the back of the chamber) had a spreadsheet or other method to identify who had filed a sworn statement of claim.
The city has a continuum of options regarding sworn statements of claim; these options range from making a determination (approve or deny) and notifying the claimant to doing nothing (no response to your claim). Between those are options such as acknowledging your claim without a determination. The city is aware of the deadline for filing a lawsuit and based on past history may just wait for the time (two years) to expire. At this time, it is unclear that the city has responded positively to any sworn claims. We are aware of several denials of claims and one that the city was investigating (in order to blame the neighbor).
Remember the reason residents filed sworn statements of claim was that they had not received letters of determination for their original claim before the April deadline to maintain the option of a lawsuit.
Further, Mr. Lyda stated that all the public purpose items have been completed for Oct. 6 and therefore there will be no more updates and that their work is done regarding Oct. 6 with the exception of lawsuits from those who filed a statement of claim. In other words, if the city has not worked to remedy your problem they are not going to unless you can and do go to court.
So, what can you do?
Direct all inquiries to Mr. Corley. His email is: pcorley@wallacejordan.com
Examine the seven drainage studies published on the city website. These focus on flooding that is associated with problems on city property (the right of way, roads, etc.). It is very possible that you had flooding because the city did not maintain its infrastructure. Here is a link to the Drainage Assessments: http://www.hooveral.org/1199/Drainage-Assessment-Reports
At this time at least three lawsuits are in process, you might consider joining one of those. One of these is for multiple residents but will be handled on a case-by-case basis.
Demand a written response to your claim from the city.
If you are not satisfied or do not get a response, file your own lawsuit.
The statement of claim for Oct. 6 had to be filed in early April. However, if there are new claims unrelated to a previous claim or claims from a more recent event it is possible to file a sworn statement of claim. In other words, if there is new damage from another event, you have six months from the event to file a new claim.
What would I like to know?
How many of the 390 (or 399 or 550) residents got letters of determination? It should be all of them as Mr. Lyda said a determination had been made on all claims.
How many Sworn Statements of Claim were filed? Has the city responded to any of those claims?