HomeMy WebLinkAboutCC RES 01-085 A RESOLUTION ESTABLISHING LIMITED SEWER BACK-UP CLEAN UP AND PROPERTY DAMAGE PROTECTION FOR MUNICIPAL SEWER CUSTOMERS Meeting Sheet
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104754
Box: 31
Folder: RES 2001
Document: CC RES 01-085 A RESOLUTION ESTABLISHING LIMITED
SEWER BACK-UP CLEAN UP AND PROPERTY DAMAGE PROTECTION
FOR MUNICIPAL SEWER CUSTOMERS
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:
• a. The back-up must have resulted from a condition in the city's
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 event 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's sewer system or to any city 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 nor the League Minnesota Cities Insurance Trust
(LMCIT)will reimburse any costs which have been or are eligible
to.be covered under the 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 or LMCIT will reimburse is
$10,000 per building per, per year. In this regard, a structure or
group of structures served by a single connection to the city's
sewer system is considered a single building.
Adopted this--day of f\�o v e-na.h ter' 12001.
Mayor
ATTEST: uc�
City Clerk
Reviewed for Administration:
•
City anager