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CC RES 12-057 RESOLUTION CONFIRMING THE EXTENSION OF 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 12-057 RESOLUTION CONFIRMING THE EXTENSION OF 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 2012
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CC RES 12-057 RESOLUTION CONFIRMING THE EXTENSION OF LIMITED CLEAN UP AND PROPERTY DAMAGE PROTECTION FOR SEWER BACK-UPS AND WATER MAIN BREAKS FOR WATER AND SEWER CUSTOMERS
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A. The back-up must have resulted from a condition in the City of St. Anthony's sanitary sewer <br /> 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 which <br /> Federal Emergency Management Assistance is available. <br /> C. The back-up must not have been caused by an interruption in electric power to the City of St. <br /> Anthony's sewer system or to any City of St. Anthony's lift station,which continues for more <br /> than 72 hours. <br /> D. The back-up must not have been caused by rainfall or precipitation that would constitute a <br /> 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 or are <br /> eligible to be covered under a property owner's own homeowners' or other property <br /> insurance,or which would be eligible to be reimbursed under a National Flood Insurance <br /> Protection(NFIP)policy, whether or not the property owner actually has NFIP Coverage. <br /> F. The maximum amount that the City of St. Anthony or LMCIT will reimburse is $25,000 per <br /> building,per year. In this regard, a structure or group of structures served by a single <br /> connection to the City of St. Anthony's sewer system is considered 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 damage <br /> to property of others which was not caused by the City of St. Anthony's negligence. <br /> B. Neither the City of St. Anthony nor LMCIT will pay for damages or expenses for which the <br /> property owner has been or is eligible to be reimbursed by any homeowners' or other property <br /> insurance. <br /> C. The maximum amount that the City of St. Anthony or LMCIT will reimburse is $25,000 to <br /> any claimant,regardless of the number of occurrences or the number of properties affected. <br /> D. Neither the City of St. Anthony nor LMCIT will pay more than$250,000 for water main <br /> break damages resulting form any single occurrence. All water main break damage which <br /> occurs during any period of 72 consecutive hours is deemed to result from a single <br /> occurrence. If the total water main break damage for all claimants in a single occurrence <br /> exceeds $250,000,the reimbursement to each claimant will be calculated as follows: <br /> 1. A preliminary reimbursement figure is established for each claimant, equal to the lesser <br /> of the claimant's actual damages or$25,000 <br /> 2. The sum of the preliminary reimbursement figures for all claimants will be calculated. <br /> 3. Each claimant will be paid a percentage of his or her preliminary reimbursement figure, <br /> equal to the percentage calculated by dividing $250,000 by the sum of all claimants' <br /> preliminary reimbursement figures. <br /> Adopted this 26th day of June,2012 <br /> Mayor <br /> ATTEST: kaA�6 <br /> City Clerk <br /> Review for Administration: UVK <br /> ity Manager <br />
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