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Show Oiil. ililiostion On OQICP, G00FSG8? By ROSELYN KIRK Bountiful City Council reaffirmed reaf-firmed the city's obligation to maintain culverts and street crossings, but determined they are doing about all they can to prevent flooding on private property. MAYOR MORRIS Swapp restated the council's opinion and told citizens requesting an improvement at Stone Creek, the city is out of bounds when they try to change private property. City Attorney Layne Forbes considered four issues ir arriving at his legal opinion on the city's duty. He said thai generally city government does not have a duty to keep a natural stream free from obstacles. ob-stacles. He said, in most cases, a city is liable for damages when waters are diverted. MR. FORBES explained that generally a city is not liable lia-ble for an increase and flow of surface water into the natural channel. Mr. Forbes said the current law says there is no liability as long as the city doesn't put in water beyond the stream's natural capacity. Mr. Forbes said the city is not liable for any flooding caused by curbs, gutters and sidewalks built higher on the hill. Such flooding does not give a resident who lives lower on the hill cause to sue the city or is the city liable. IN ANSWERING whether the city can undertake flood control measures, Mr. Forbes' opinion was that the city can clean out water courses, but must be "very careful not to interfere with private property." The city can regulate conduits, con-duits, drains, sewers and PLEASE TURN TO PAGE 2 O'al. Biilieoiioii On OoiGP, Goufsgs? CONTINUED FROM FRONT provide flood barriers, Mr. Forbes said. He concluded the city can't do much to a stream without obstructing or changing chang-ing it. MAYOR SWAPP summed up the city's position saying, "We're doing all we can and should do." Mr. Forbes said he will put his opinion into writing. In other action, Personnel Director Jack Mcintosh urged the council to apply for funds from a public works grant. The grant would make available availa-ble funds for libraries, schools, public buildings, sewer lines and convention centers. MR. McINTOSH said that 10 million dollars in funds is. available to Utah. One stipulation of the grant is that any plan accepted must be ready to go in 90 days. The council agreed the city should try for a grant and consider applying for funds for culverts, a club house and a fire station. Club house and fire station's plans are already designed and ready to go. THE COUNCIL was undecided whether they should apply for funds to build the Mill Creek crossing. If federal money is used, the city must worry about the implications of the Environmental Environ-mental Impact Act. |