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Fort Smith utilities staff review limited-claims policy after sewer backups and storm damage payouts
Summary
City staff briefed the Board of Directors on the city’s limited claims policy, noting the majority of payouts since 2019 were for sewer backups and that a few isolated tree, manhole and flash‑flood claims have been paid or are pending.
The Fort Smith Board of Directors received an update on the city’s limited claims policy from Utilities Director Lance McEvoy, who said the city pays most claims tied to sewer backups and has paid only a small number of other claims for tree, manhole and flash‑flood damage.
McEvoy told the board the city compiled a 2019‑to‑current snapshot and “the majority of what we end up paying out on are sewer damages and that's where we have a backup in a sewer line that goes into a house.” He said some water damages resulted from line breaks and pressure or flooding events and that the city has handled driveway repairs by digging, repairing the leak and replacing the driveway as needed.
The briefing outlined a small set of non‑sewer claims. “We did have one fallen tree that was in 2022 and we had a displaced manhole earlier this year and we just had another potential claim that would be filed on that,” McEvoy said. He also said the board has received at least one flash‑flood claim since the board last considered related policy changes.
Board members asked about outreach and eligibility. Director Christina Kasavage asked how residents are informed; McEvoy said supervisors on site give an information packet and contacts while crews complete a sanitary sewer overflow report. On qualification, McEvoy said the city investigates whether a backup is caused by the private service line or the city system: “If it is on them...then they need to call a plumber and that would be a reason why we would not pay because it was not the fault of the city.”
Board discussion noted a past incident in which city action preceded the formal limited claims policy. One board member recalled a group of homes the city purchased after flooding; McEvoy and board members said that payment practice predated the current written policy and that only one household applied under the formalized policy afterward.
The board asked staff to update the packet with the date and details of the prior flood payout and to provide more complete claim timelines. McEvoy said he would update the board packet with the date and particulars of the previous payout.
The briefing did not include a vote and no change to the policy was adopted at the meeting; staff were directed to provide supplemental documentation and to continue answering eligibility questions as residents call the utilities department.
