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<br />.,- <br /> <br />RESOLUTION NO. 01-037 <br /> <br />CITY OF NEW BRIGHTON <br />COUNTY OF RAMSEY <br />STATE OF MINNESOTA <br /> <br />Resolution Authorizing the Addition of Sewer Back-Up Liability Insurance <br /> <br />Whereas, the City of New Brighton affords municipal sanitary sewer services to property owners within the <br />City; <br /> <br />i Whereas, on occasion blockages or other conditions in the City's sanitary sewer lines may result in the back- <br />up of sewage into properties that are connected to the City's system; <br /> <br />Whereas, sewer back-ups pose a public health and safety concern; <br /> <br />Whereas, it is not always easy to discern the exact cause and responsibility for these back-ups; <br /> <br />Whereas, the City desires to encourage the expeditious clean-up of properties that have encountered sewer <br />back-ups; <br /> <br />Whereas, the City desires to minimize the potential of expensive lawsuits arising out of sewer back-up claims; <br /> <br />Whereas, the City is a member of the League ofMN Cities Insurance Trust (LMCIT); <br /> <br />Whereas, the LMCIT provides a limited "no fault" sewer coverage that will reimburse property owners for <br />certain clean-up costs and property damage irrespective of whether the City is thought to be legally at fault. <br /> <br />Now, therefore be it resolved that as part of the contract for the provision of sewer services to its customers, <br />and in consideration of the payment of sewer bills, the City agrees to reimburse its sanitary sewer customers <br />for up to $10,000 of clean-up costs and property damages caused by a sanitary sewer back-up, irrespective of <br />whether the City is thought to be negligent or othelWise legally liable for those damages, subject to the <br />, following conditions: <br /> <br />1. The back-up must have resulted from a condition in the City's sanitary sewer system or lines and not from a condition <br />in a private line. <br />2. The back-up must not have been caused by catastrophic weather or other event for which Federal Emergency <br />Management Assistance is available. <br />3. The back-up must not have been caused by an intelTUption in electric power to the City's sewer system or to any City <br />lift station, which continues for more than 72 hours. <br />4. The back-up must not have been caused by rainfall or precipitation that would constitute a 100 year stonn as <br />determined by the National Weather Service. <br />5. Neither the City nor the LMCIT will reimburse any costs which have been or are eligible to be covered under the <br />property owner's own homeowners or other property insurance, or which would be eligible to be reimbursed under a <br />National Flood Insurance Protection (NFIP) policy, whether or not the property owner actually has NFlP coverage. <br />6. The maximum amount that the City or LMCIT will reimburse is $10,000 per building per year. In this regard, a <br />structure or group of structures served by a single connection to the City's system is considered a single building. <br /> <br />Adopted by the City COWlcil of the City of New Brigbto~ <br /> <br /> <br />Ste? L~so.n, Ma~o.: ,.J.. <br />A/..,J.-,.J t,., ",,' <br />'f' ,'!~'"" 'f,~r- ~. ... .". <br /> <br />Matthew S. Fulton, City Manager <br /> <br />~T:~ <br /> <br />Margare~gan, Finance Director <br />i 1:\SHARED\COUNCIL\Resolutions\200 I \Finance\Sewer.wpd <br /> <br />i ~ <br />