07-03 - 01-16 - Establish Sewer Back up Clean Up Resolution 07-3 January 16, 2007
Member Shaffer introduced the following resolution and moved its adoption:
RESOLUTION ESTABLISHING LIMITED SEWER BACKUP,
CLEANUP AND PROPERTY DAMAGE PROTECTION FOR
CITY OF GOLDEN VALLEY MUNICIPAL SEWER CUSTOMERS
WHEREAS, the City provides 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 backup of sewage into properties that are connected to those city sanitary
lines; and
WHEREAS, sewer backups 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 backups; and
WHEREAS, the City Council desires to encourage the expeditious cleanup of
properties that have encountered sewer backups; and
WHEREAS, the City Council desires to minimize the potential of expensive lawsuits
arising out of sewer backup claims; and
WHEREAS, the City is a member of the League of Minnesota Cities Insurance Trust
(LMCIT); and
WHEREAS, the LMCIT is making available to the City a limited "no fault" sewer
coverage that will reimburse property owners for certain cleanup 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 Golden
Valley, Minnesota, as follows:
1. 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 cleanup costs
and property damages caused by a sanitary sewer backup, irrespective of
whether the City is thought to be negligent or otherwise legally liable for those
damages, subject to the following conditions:
a. The backup must have resulted from a condition in the City's sanitary
sewer system or lines and not from a condition in a private line.
Resolution 07-3 - Continued January 16, 2007
b. The backup must not have been caused by catastrophic weather or
other event for which Federal Emergency Management Assistance is
available.
c. The backup 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 backup 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 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 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.
Er
Linda R. Loomis, Mayor
ATTEST:
( ()If( 9
•Susan M. Virnig, City Clerk
The motion for the adoption of the foregoing resolution was seconded by Member Freiberg
and upon a vote being taken thereon, the following voted in favor thereof: Freiberg,
Loomis, Pentel, Scanlon and Shaffer; and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and her signature attested by the City Clerk.