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
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Mayor ~L. Peterson
Attest:
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Patricia Muscovitz, CMC
Deputy City Clerk/Council ecretary