04-54RESOLUTION 2004-54
A RESOLUTION OF THE CITY OF OTSEGO
A 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 claims, 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 making 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 Otsego,
Minnesota, as follows;
As part of the contract for the provision of sewer service to the customers of the
City, and in consideration of the payment of sewer bills, the City agrees to
reimburse it's sanitary sewer customers for up to $10,000 of clean-ups 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 interruptions 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
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 by the council this 3� rday of August, 2004.
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