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CC RES 11-037 RESOLUTION ESTABLISHING LIMITED CLEAN UP AND PROPERTY DAMAGE PROTECTION FOR SEWER BACK-UPS AND WATER MAIN BREAKS FOR WATER AND SEWER CUSTOMERS
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CC RES 11-037 RESOLUTION ESTABLISHING LIMITED CLEAN UP AND PROPERTY DAMAGE PROTECTION FOR SEWER BACK-UPS AND WATER MAIN BREAKS FOR WATER AND SEWER CUSTOMERS
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RES 2011
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CC RES 11-037 RESOLUTION ESTABLISHING LIMITED CLEAN UP AND PROPERTY DAMAGE PROTECTION FOR SEWER BACK-UPS AND WATER MAIN BREAKS FOR WATER AND SEWER CUSTOMERS
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I. Sanitary Sewer Back-Ups. For sanitary sewer back-ups: <br /> A. The back-up must have resulted from a condition in the City of St. Anthony's <br /> sanitary sewer system or lines, and not from a condition in a private line. <br /> B. The back-up must not have been caused by catastrophic weather or other events for <br /> which Federal Emergency Management Assistance is available. <br /> C. The back-up must not have been caused by an interruption in electric power to the <br /> City of St. Anthony's sewer system or to any City of St. Anthony's lift station, which <br /> continues for more than 72 hours. <br /> D. The back-up must not have been caused by rainfall or precipitation that would <br /> constitute a 100-year storm as determined by the National Weather Service. <br /> E. Neither the City of St. Anthony nor LMCIT will reimburse any costs which have been <br /> or are eligible to be covered under a property owner's own homeowners' or other <br /> property insurance, or which would be eligible to be reimbursed under a National <br /> Flood Insurance Protection (NFIP) policy, whether or not the property owner <br /> actually has NFIP Coverage. <br /> F. The maximum amount that the City of St. Anthony or LMCIT will reimburse is <br /> $25,000 per building, per year. In this regard,a structure or group of structures <br /> served by a single connection to the City of St. Anthony's sewer system is considered <br /> a single building. <br /> II. Water Main Breaks. For water main breaks: <br /> A. LMCIT will pay for claims presented by the City of St. Anthony for water main break <br /> damage to property of others which was not caused by the City of St. Anthony's <br /> negligence. <br /> B. Neither the City of St. Anthony nor LMCIT will pay for damages or expenses for <br /> which the property owner has been or is eligible to be reimbursed by any <br /> homeowners' or other property insurance. <br /> C. The maximum amount that the City of St. Anthony or LMCIT will reimburse is <br /> $25,000 to any claimant, regardless of the number of occurrences or the number of <br /> properties affected. <br /> D. Neither the City of St. Anthony nor LMCIT will pay more than$250,000 for water <br /> main break damages resulting form any single occurrence. All water main break <br /> damage which occurs during any period of 72 consecutive hours is deemed to result <br /> from a single occurrence. If the total water main break damage for all claimants in a <br /> single occurrence exceeds$250,000, the reimbursement to each claimant will be <br /> calculated as follows: <br /> 1. A preliminary reimbursement figure is established for each claimant, equal to <br /> the lesser of the claimant's actual damages or $25,000 <br /> 2. The sum of the preliminary reimbursement figures for all claimants will be <br /> calculated. <br /> 3. Each claimant will be paid a percentage of his or her preliminary <br /> reimbursement figure, equal to the percentage calculated by dividing$250,000 <br /> by the sum of all claimants' preliminary reimbursement figures. <br />
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