HomeMy WebLinkAboutCC 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 Meeting Sheet
IIIIII VIII VIII VIII VIII VIII IIII IIII
103836
Box: 31
Folder: RES 2011
Document: 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
CITY OF ST. ANTHONY VILLAGE
RESOLUTION 11-037
A RESOLUTION ESTABLISHING LIMITED CLEAN UP AND PROPERTY
DAMAGE PROTECTION FOR SEWER BACK-UPS AND WATER MAIN
BREAKS FOR WATER AND SEWER CUSTOMERS
WHEREAS, the City of St. Anthony provides water and sanitary sewer services to properties
within the City of St. Anthony; and
WHEREAS, water main breaks may cause water to enter into property causing damage; and
WHEREAS, blockages or other conditions in the City of St. Anthony's sanitary sewer lines may
cause the back-up of sewage into properties that are connected to those City of St.
Anthony sanitary lines; and
WHEREAS, it is often difficult to determine the exact cause and responsibility for water main
breaks and sanitary sewer back-ups; and
WHEREAS, the City of St. Anthony desires to minimize the potential of expensive lawsuits
arising out of water main breaks and sanitary sewer back-up claims; and
WHEREAS, the City of St. Anthony is a member of the League of Minnesota Cities Insurance
Trust(LMCIT); and
WHEREAS, LMCIT has offered the City of St. Anthony limited "no fault" sewer coverage and
water main break coverage that will reimburse users of the water and sewer system
for certain clean-up costs and property damage regardless of whether the City of St.
Anthony is at fault.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of St. Anthony, as part of the
contract for providing water and sewer services to the customers of the City of St.
Anthony, and in consideration of the payment of water and sewer bills,agrees to
reimburse water and sanitary sewer customers for up to $25,000 of clean-up costs
and property damages caused by a water main break or sanitary sewer back-up,
regardless of whether the City of St. Anthony is negligent or otherwise legally liable
for damages, subject to the following conditions:
I. Sanitary Sewer Back-Ups. For sanitary sewer back-ups:
A. The back-up must have resulted from a condition in the City of St. Anthony'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 events 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 of St. Anthony's sewer system or to any City of St. Anthony's 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 of St. Anthony 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 City of St. Anthony or LMCIT will reimburse is
$25,000 per building, per year. In this regard,a structure or group of structures
served by a single connection to the City of St. Anthony's sewer system is considered
a single building.
II. Water Main Breaks. For water main breaks:
A. LMCIT will pay for claims presented by the City of St. Anthony for water main break
damage to property of others which was not caused by the City of St. Anthony's
negligence.
B. Neither the City of St. Anthony nor LMCIT will pay for damages or expenses for
which the property owner has been or is eligible to be reimbursed by any
homeowners' or other property insurance.
C. The maximum amount that the City of St. Anthony or LMCIT will reimburse is
$25,000 to any claimant, regardless of the number of occurrences or the number of
properties affected.
D. Neither the City of St. Anthony nor LMCIT will pay more than$250,000 for water
main break damages resulting form 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.
Adopted this 28th day of Lune 2011
Mayor
ATTEST:
City Clerk
Review for Administration:
City Manager