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HomeMy WebLinkAboutResolution No. 2005-32 RES 0 L UTI 0 N NO. 2005 - 32 BEING A RESOLUTION ESTABLISHING LIMITED SEWER BACK-UP CLEAN-UP AND PROPERTY DAMAGEPROTECTION FOR MUNICIPAL SEWER CUSTOMERS WHEREAS, the City affords municipal sanitary sewer services to many of the property owners within the city; and WHEREAS, on occasion blockages or other conditions in city sanitary sewer lines may result in the back-up of sewage into properties that are connected to those city sanitary lines; and WHEREAS, sewer back-ups into property pose a public health and safety concern; and WHEREAS, it is not always easy to discern the exact cause and responsibility for municipal sanitary sewer back-ups, and .WHEREAS, the City Council desires to encourage the expeditious dean-up of properties that have encountered sewer back-ups and WHEREAS, the City Council desires to minimize the potential of expensive lawsuits arising out of sewer back-up claims, and WHEREAS, the City is a member of the League of Minnesota Cities Insurance Trust; and WHEREAS, the League of Minnesota Cities Insurance Trust is making available to the city a limited "no fault" sewer coverage that will reimburse property owners for certain clean-up costs and property damage irrespective of whether the City is thought to be legally at fault NOW THEREFORE, BE IT RESOLVED, by the City Council of Columbia Heights, Minnesota, as follows: As part of providing sanitary sewer service to the customers of the City, and in consideration of the payment of sewer bills, the City agrees to purchase insurance from the LMCIT for Limited Sewer Back-up, Clean-up, and Property Damage Protection for up to $10,000 of clean-up costs and property damages caused by a sanitary sewer back-up, irrespective of whether the city is thought to be negligent or otherwise legally liable for those damages, subject to the following conditions: 1. The back-up must have resulted from a condition in the City's sanitary sewer system or lines, and not from a condition in a private line. 2. The back-up must not have been caused by catastrophic weather or other event for which Federal Emergency Management Assistance (FEMA) is available. 3. The back-up must not have been caused by an interruption in electric power to the City's sewer system or to any city lift station which continues for more than 72 hours. 4. The back-up must not have been caused by rainfall or precipitation that would constitute a 100- year storm, or greater, as determined by the National Weather Service. 5. Neither the city nor the League of Minnesota Cities Insurance Trust (LMCIT) will reimburse any costs which have been or are eligible to be covered under the property owner's own homeowner's or other property insurance, or which would be eligible to be reimbursed under a National Flood Insurance Protection (NFIP) policy, whether or not the property owner actually has NFIP coverage. 6. The maximum amount that the LMCIT will reimburse is $10,000 per building, per year. In this regard, a structure or group of structures served by a single connection to the city's sewer system is considered a single building. Adopted by the Council this 27th day of June 2005. Offered by: Williams Seconded by: Ericson Diehm Roll Call: Ayes: Peterson, Williams, Nawrocki, Ericson Diehm, Kelzenberg dJi~. Mayor ~L. Peterson Attest: o.r~ \rY) ~ . Patricia Muscovitz, CMC Deputy City Clerk/Council ecretary