HomeMy WebLinkAboutResolution No. 2012-136 RESOLUTION NO. 2012-136
ESTABLISH LIMITED CLEAN UP AND PROPERTY DAMAGE PROTECTION
FOR SEWER BACK-UPS AND WATER MAIN BREAKS FOR WATER AND
SEWER CUSTOMERS OF THE CITY OF COLUMBIA HEIGHTS
WHEREAS, the City of Columbia Heights provides water and sanitary sewer services to
property within its jurisdiction; and
WHEREAS, water main breaks may cause water to enter into property causing damage, and
WHEREAS, blockages or other conditions in the City of Columbia Heights' sanitary sewer lines
may cause the back-up of sewage into properties that are connected to the City of Columbia
Heights' sanitary lines; and
WHEREAS, water main breaks and sewer back-ups pose a public health and safety concern; and
WHEREAS, it is often difficult to determine the exact cause and responsibility for water main
breaks and sanitary sewer back-ups; and
WHEREAS, the City Council of the City of Columbia Heights desires to encourage the
expeditious clean-up of properties that have encountered damage from water main breaks and
sewer back-ups; and
WHEREAS, the City Council of the City of Columbia Heights desires to minimize the potential
of expensive lawsuits arising out of water main breaks and sanitary sewer back-up claims; and
WHEREAS, the City of Columbia Heights is a member of the League of Minnesota Cities
Insurance Trust (LMCIT); and
WHEREAS, LMCIT has offered the City of Columbia Heights limited "no fault" sewer coverage
and water main break coverage that will reimburse users of the water and sewer system for
certain clean-up costs and property damage regardless of whether the City of Columbia Heights
is at fault.
NOW THEREFORE, BE IT RESOLVED, as follows:
The City of Columbia Heights, as part of the contract for providing water and sewer services to
the customers of the City of Columbia Heights, and in consideration of the payment of water and
sewer bills, agrees to reimburse water and sanitary sewer customers for up to $10,000 of clean-
up costs and property damages caused by a water main break or sanitary sewer back-up,
regardless of whether the City of Columbia Heights is negligent or otherwise legally liable for
damages, subject to the following conditions:
1. Sanitary Sewer Back-Ups. For Sanitary sewer back-ups:
A. The back-up must have resulted from a condition in the City of Columbia Heights'
sanitary sewer system or lines, and not from a condition in a private line.
B. The back-up must not have been caused by catastrophic weather or other events for
which Federal Emergency Management Assistance is available.
C. The back-up must not have been caused by an interruption in electric power to the City of
Columbia Heights' sewer system or to any City of Columbia Heights lift station, which
continues for more than 72 hours.
D. The back-up must not have been caused by rainfall or precipitation that would constitute
a 100-year storm as determined by the National Weather Service.
E. Neither the City of Columbia Heights nor LMCIT will reimburse any costs which have
been or are eligible to be covered under a property owner's own homeowners' 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.
F. The maximum amount that the City of Columbia Heights or 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 of Columbia Heights' sewer system is considered a single
building.
II. Water Main Breaks. For water main breaks:
A. LMCIT will pay for claims presented by the City of Columbia Heights for water main
break damage to property of others which was not caused by the City of Columbia
Heights' negligence.
B. Neither the City of Columbia Heights nor LMCIT will pay for damages or expenses for
which the property owner has been or is eligible to be reimbursed by any homeowners' or
other property insurance.
C. The maximum amount that the City of Columbia Heights or LMCIT will reimburse is
$10,000. to any claimant, regardless of the number of occurrences or the number of
properties affected.
D. Neither the City of Columbia Heights nor LMCIT will pay more than $250,000 for water
main break damages resulting from any single occurrence. All water main break damage
which occurs during any period of 72 consecutive hours is deemed to result from a single
occurrence. If the total water main break damage for all claimants in a single occurrence
exceeds $250,000, the reimbursement to each claimant will be calculated as follows:
1. A preliminary reimbursement figure is established for each claimant, equal to the
lesser of the claimant's actual damages or $10,000.
2. The sum of the preliminary reimbursement figures for all claimants will be
calculated.
3. Each claimant will be paid a percentage of his or her preliminary reimbursement
figure, equal to the percentage calculated by dividing $250,000 by the sum of all
claimants' preliminary reimbursement figures.
IN WITNESS WHEREOF, the City of Columbia Heights, by action of its City Council, caused
this Resolution to be approved on October 22, 2012.
Passed this 22nd day of October, 2012
Offered by: Diehm
Seconded by: Williams
Roll Call: All Ayes, motion carried
Mayor Gar Peterson
ToriA,96Ahardt, City Clerk/Council Secretary