HomeMy WebLinkAbout2007-07 SEWER BACK UP CLEAN UPCITY OF GEM LAI�,.'MN
.,:., 4707 Hwy 61 # 253.
White BearLgke; MN 55110:3227
E-mail City(a?zemlakeMMork
Telephone 651-747-2790
Resolution 2007-Q7
Resolution establishing limited seer. baek op, clean-up
and property damage protection for municipal sower. customers
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 the city sanitary sewer lines
.may result.in :the. back; -up of sewage into properties that are connected to these 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 i�qspoosibiti`ty for
:municipal sanitary sewer: back-ups, and
'WHEVAS, the City Council desires to encourage the expeditious clean-up or properties
that have eticountered.sewer back-ups, 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" server coverage that will. reimburse property owners for certain
clean-up cost and property :damage irresPective of whei ier City $-thought to be legally at
fault.
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Gem Lake,
Minnesota, as follows:
As parr of the contract for the.prgvi§ion of sewer services to the customers of the City
and in. -consideration of the payment Af sewer bills, the City agrees to reimburse its
sanitary sewer customers for -up to $ 1.0,000 of clean up costs and property damages
caused by a sanitary sewer back-up; irrespective of whether thq eity. is. thought to. be.
negligent or otherwise legally liable for those`damages, subject to the following
conditions:
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IL The back .up must have resulted -f=o :a.condition in the City's sanitary sewer
system or lines, and not from a condition iii a.priyate line.
b. The hack -up must not have' been caused. by a catastrophic weather or other event.
for vt►riich 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 bcen caused byrjiinfall.or precipitation what ** uld
constitute a .I04-year storm as.determitied by .the National Weather Service.
e, Neither the city nor the League of Minnesota Cities Insurance Trust �LMCiT) will.
*reimburse any -costs which have been or are eligible to be OVgred underthe
proper#y owner's own homeowners or other property insurance., or which would
bt.Aigible to be reimbursed under a.Natioiaal Flood In Protection (NFIP)
policy; whether or not the property. owner..actually=has NFIP coverage
L The maximum amount that the City or LMCIT will reimburse. is $ 10,000 per
building -per year. In this regard, a structure of group of structures served by a
.single connection to the city's sewer system is .considered a single building.
Motion made by
Seconded
Adopted by the Council on I I
City Clerk
Mayor
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