North Austin residents’ claims denied for flood damage

Residents of a North Austin neighborhood have expressed mounting frustration over the lack of assistance they have received following flooding that occurred due to the city’s alleged negligence. The incident was first reported in April, following a storm that caused homes to flood. According to the residents, the city did not maintain the creek system, particularly after the February ice storm.

Neighborhood residents claim that the city has not communicated with all affected residents about being able to file claims for assistance, even though a 45-day deadline had already passed. Some who did file said their claims were denied. These residents are still in the process of repairing their homes, and they feel like they have hit a dead end in their attempts to seek help.

“This is a complete slap in the face. What has the city done for us?” asked resident Ryan Albright. The city’s response to their claims has left them feeling hopeless. A denial email he received read, “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 disputes the city’s defense, stating that their negligence caused the flooding, and that it should not have been classified as a “governmental function”. He pointed out a memo from the City Manager’s office to City Council members in response to a resolution about getting resources to affected neighbors. According to him, this memo contains several lies and misrepresentations, and the city has not been in constant contact with victims.

Furthermore, the memo stated that “the City has not previously financially supplemented properties that were impacted by natural disasters, and this would set a precedent that is not sustainable.” Albright does not believe that the city had any intention of helping, claiming that they “wanted to placate” them by delaying their response until it was too late.

Residents are now exploring legal options, and the city has thus far not responded to Fox 7’s questions regarding the matter. The city did issue a statement last week indicating that they had coordinated with various agencies to communicate with neighbors about options for help. They also stated that they would keep evaluating submitted claims and that a considerable effort had been made to clean up the area. Despite these efforts, residents remain unsatisfied and feel neglected by the city.