Letter To The Editor

To the Citizens of Chandler:

In response to Howard Taliaferro's letter in last week's Statesman, it should be noted that the city's insurance will not pay a claim just because the City Council votes to do so. Mr. Ellis's claim was filed by the City in a timely manner and was denied by the city's insurance company (TML Intergovernmental Risk Pool). Please see attached letter from James Kaltman, Senior claims specialist with Texas Municipal League Intergovernmental Risk Pool.* It explains how the city is immune under the Texas Tort Claims Act, unless there had been wrongful acts, omission or negligence on the part of the City or its employees. After an investigation, no such wrongful act, omission or negligence was found. It is unbelievable that anyone, including Mr. Taliaferro, would think that any elected official or employee would not do everything they could to help Coy Ellis.

It is a fact that on Saturday morning, June 16th Mr. Ellis's home was subject to sewer back-up. It is also a fact that the City of Chandler, Henderson County and much of East Texas were hit by torrential rain, maybe a 50-year or 100-year rain in a very short time span on that same day and time that Mr. Ellis's home was flooded. The City of Chandler and Henderson County received so much rain and damage from high water that they were both declared disaster areas. This declaration made funds available from FEMA to help repair the damage. The point is that the city's storm and sanitary sewer system just could not handle that much water, and an act of God does not make the City liable.

Mr. Taliaferro also berates the city officials for not helping Mr. Ellis but giving a $35,000.00 Economic Development Grant to someone to build a new coffee shop in Chandler. I know Mr. Taliaferro is well informed on City funds and how they should be spent. I am surprised that he does not know the difference between the city's general fund and the Economical Development Corporation's funds that are to be used to bring new businesses, new buildings, new jobs and new taxes to the area. The new coffee shop will be placed on the tax roll at about $350,000.00. It will create five new jobs in Chandler and new sales tax dollars for the city.

Mr. Taliaferro referred to a new business in town that started with their own money. There has been no application or business plan presented to the Economic Development Corporation for consideration.

If you care to know the truth regarding any of these matters, talk to a City Council person or the City Administrator. This information is pub- lic record and any official documents can be requested from the City. As citizens of Chandler you have a right to know what your city officials are doing about such issues. You should know the facts as they are, not as half truths and innuendoes.

Joye Rains, Mayor

*RE: TML-IRP Fund Member: City of Chandler

Claimant: Coy Ellis

TML-ERP Claim # 0700137347

Dear Mr. Ellis:

This letter is in regard to the claim that you have made against the City of Chandler for the above-referenced matter.

Based on the facts revealed in our investigation, we have concluded that the damages you are alleging were not caused by any wrongful act, omission or negligence on the part of the City of Chandler or any of its employees. The City is legally immune from liability for the property damage claim being brought against it as afforded the City by the common law of Texas. Although the Texas Tort Claims Act waives this immunity under certain circumstances, the facts of your case and the damages you seek do not fall under any of the waivers set forth in this Act. For this reason, we must respectfully deny this claim in its entirety.

Should you have any questions concerning this matter, please do not hesitate to contact me.

Sincerely,

James Kaltman, CPCU, ARM

Senior Claims Specialist Texas Municipal League- IRP