RES 16-046 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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B. The back -up must not have been caused by any catastrophic weather or other event which has been declared by the President of the United States to be a major disaster pursuant to 42 U.S.C. §§ 5121 -5206, commonly known as the Stafford Act. C. The back -up must not have been caused by an interruption in electric power to the Governmental Unit's sewer system or to any Governmental Unit lift station, which continues for more than 72 hours. D. The back -up must not have been caused by an amount of precipitation equivalent to rainfall amounts which exceed: • 2.0 inches in a 1 -hour period; or • 2.5 inches in a 3 -hour period; or • 3.0 inches in a 6 -hour period; or • 3.5 inches in a 12 -hour period; or • 4.0 inches in a 24 -hour period; or • 4.5 inches in a 72 -hour period; or • 5.5 inches in a 168 -hour period. E. Neither the Governmental Unit 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 Governmental Unit or LMCIT will reimburse is $25,000 per building, per year. A structure or group of structures served by a single connection to the Governmental Unit's sewer system is considered a single building. II. Water Main Breaks. For water main breaks: A. Neither the Governmental Unit 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 B. The maximum amount that the Governmental Unit or LMCIT will reimburse is $25,000 to any claimant, regardless of the number of occurrences or the number of properties affected. C. Neither the Governmental Unit 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 $25,000. 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. III. The Governmental Unit's determination to make these payments is contingent on and expressly limited to the extent that No -Fault Coverage is in force and available to reimburse the Governmental Unit for the costs set forth herein. IV. The Governmental Unit retains the right, in its sole discretion, to revoke, rescind, or modify this resolution at any time. V. The Governmental Unit hereby rescinds any prior resolution providing no -fault sewer backup coverage and water main break coverage.