CC RES 01-085 A RESOLUTION ESTABLISHING LIMITED SEWER BACK-UP CLEAN UP AND PROPERTY DAMAGE PROTECTION FOR MUNICIPAL SEWER CUSTOMERS

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I • Resolution# 01-085 RESOLUTION ESTABLISHING LIMITED SEWER BACK-UP CLEAN UP AND PROPERTY DAMAGE PROTECTION FOR MUNICIPAL SEWER CUSTOMERS. RECITALS 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 clean-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 malting 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 the City of S t. Anthony ,Minnesota, as follows: As part of the contract for the provision of sewer services to the customers of the City, and in consideration of the payment of sewer bills,the City agrees to reimburse its sanitary sewer customers 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: