City of Austin denies claims from residents impacted by April flood

KXAN
by: Dylan McKim
Posted: Jun 23, 2023 / 08:08 AM CDT

AUSTIN (KXAN) — The City of Austin denied the less than a dozen claims filed by residents on Mearns Meadow whose homes were damaged during an April 20 flood, and neighbors are deciding what their next step will be.

Impacted residents will be holding a neighborhood meeting Friday afternoon and said they will meet with an attorney to talk about possible legal action against the city.

Claims denied

Ryan Albright, who owns one of the 60 homes that were damaged during the April storm, said he was frustrated when he received his denial from the city’s claims investigator.

The email Albright received read, “I realize that a flooding event like this certainly causes inconvenience and even distress to you, your neighbors and your family. While I very much empathize with your situation, I must respectfully deny your claim.”

In his email, which was provided to KXAN by Albright, the claims investigator provides some explanation to the denial. He said in the email, “State law provides that a City is not liable for damages that may result when it engages in a governmental function. The law considers the City’s operation and maintenance of its storm water drainage systems to be a governmental function.”

Albright said he was confused and asked for more clarification. He said the city was not engaging in a governmental function, and it was the inaction which caused the storm to turn into a more dangerous situation than it should have been.

Debris from a winter storm had fallen into the Little Walnut Creek bed, which runs parallel to Mearns Meadow Boulevard, and became clogged in the city’s culvert during heavy rains. The clog exacerbated the flooding in the area, according to Watershed Protection Department Director Jorge Morales. Morales said that during a May 4 city council meeting in which he provided an update to city council.

“The assertion that they were performing a governmental function is completely false. It’s a mischaracterization of what happened,” Albright said. He points to that same May 4 city council meeting where Morales admitted the watershed team “could do better.”

The area where the flooding happened is under a vegetation control program, Morales said during the May 4 council meeting. The city and its contractor will go to the area three to four times a year to make sure there are no dead trees or debris that could become clogged in the storm culvert.

At the meeting, Morales said, “The last time, according to our data, we were out there was in December before the winter storm. We were set to be out there again with our contractor in May, this rain happened before then. Yes, there is more we can do and we will continue to do that.”

Neighbors had made 311 calls to the city about the debris that had fallen in the creek bed from the winter storm. The entire city was dealing with broken branches and dead trees after the storm in early February.

“Admitting guilt in something but then saying we are immune and not required to pay you any damages is insanity,” Albright said.

The claims investigator responded to Albright in an email saying, “I understand you to be saying that the City of Austin in some way did not carry out its governmental function of storm drainage. I would disagree with the premise but also clarify that that defined governmental function itself establishes the immunity from liability.”

City responds to situation

KXAN reached out to the city about this issue and a spokesperson said, “State law does not authorize Texas cities, including Austin, to pay for property damage under these circumstances.  We understand this is disappointing news for residents who experienced flooding and the City has and will continue to reach out to connect them with resources that may be helpful.”

KXAN also reached out to city representative Chito Vela’s office. He represents this area of town and had met with neighbors in person after the flood. When asked whether he agrees with the city’s perspective or the perspective of the impacted residents, Vela said in a statement, “I want the city to do everything we can to support the Mearns Meadow residents as they repair their homes.”