Mayor David Newton on Tuesday attempted to give the five money from city coffers. That move - it would have been a $17,300 appropriation - was blocked because it wasn't on the City Council's agenda.

Even had it been given proper notice, Newton probably would have battled his council colleagues over the money.

"It is wholly inappropriate," said Councilman Rob Bennett, who argued the city attorney is responsible for verifying whether the homeowners deserve the money. And an appropriation by the council would undermine that office, he said.

The discussion came after the council directed city staff to craft an ordinance to create a fund the city could tap to aid residents, with up to $10,000 each, who have had their homes damaged by sewer backups - but only if those backups were caused by blockages in the city's main lines. That account would be funded by sewer rates and reach a cap of $100,000 a year.

That policy is the result of a sewer backup that damaged two homes near 7000 South and 3000 West. It was caused after someone stuffed steel rebar into a sewer line.

But it includes no help for the five homeowners with unconnected lines near 8600 South and 1500 West.

The five learned last year that their 21-year-old sewer lines were hooked up to a groundwater drain - and not the city sewer system - that leads to the Jordan River.

The five paid a cumulative total of $17,300 to get the lines attached to the proper system. Ben Chapman had the biggest bill because he had sewage back up into his home. Residents asked the city to pay for the costs because West Jordan inspectors failed to sign off on those connections more than two decades ago. But the city says the Utah Supreme Court has upheld the Utah Government Immunity Act that protects cities from such liabilities.

Newton says the city should help the homeowners anyway.

"We had a part in that," he said Tuesday.

Making the five eligible for the new fund would open the account to all sewer problems that occur on the private-property side, said City Attorney Roger Cutler.

That prospect worries several council members.

"I'm really afraid to add the private portion," said Councilman Kim Rolfe.

jsantini@sltrib.com