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RESOLUTION NO. 2002-15 <br />PROVIDING FOR REIMBURS MENT FOR DAMAGES <br />TO RESIDENCES AS A RESULT OF BACKUP OF <br />SANITARY SEWER SYSTEM B Y A SURCHARGE FROM <br />WATER MAIN BREAK <br />BE IT RESOLVED by the City Council of the <br />SECTION 1. RECITALS. The City owns an( <br />sewer utility. On January 6, 2002 a break <br />Boulevard in the vicinity of Cooper Avenue r <br />system in homes in the vicinity due to "surcl <br />(the "Event"). Owners of homes damaged bi <br />City seeking reimbursement from the City <br />insurance carrier has reviewed the Event and <br />of showing of negligence on the part of the Ci <br />5, 2002 the City Council took testimony coi <br />homes caused by the Event. Many of the ho <br />have insurance coverage for sewer backups ( <br />incurred damages in excess of coverage limits. <br />SECTION 2. FINDINGS. The City Council 1 <br />that has resulted in a hardship to the ownE <br />sanitary sewer backup occurred, and that the <br />hazard to the City if the damaged homes <br />repaired. Because of either a lack of insurance <br />homeowners do not have the financial means <br />damage. The City Council believes that becaL <br />potential health and safety hazard, some fors <br />residences damaged by the Event is appropria <br />LE FOR <br />approves reimbursement to homeowners for <br />by the homeowner's property insurance in thi <br />reimbursement shall cover costs of clean up <br />disposal of damaged items, losses from dama <br />equipment, plumbing and sanitary sewer <br />softeners, and losses from damage to sheet <br />replacement or sanitizing of rugs and furnitt <br />Event shall not be reimbursed. Homeown <br />of Edina, as follows: <br />City of Edina <br />operates a water utility and a sanitary <br />i a water main located on Interlachen <br />sulted in a backup in the sanitary sewer <br />Irging" caused by the water main break <br />the Event have submitted claims to the <br />or their damages. The City's liability <br />lenied the claims because of an absence <br />�. On January 15, 2002 and on February <br />-erning the Event and the damages to <br />teowners damaged by the Event do not <br />if they have insurance coverage, have <br />Aieves that the Event is a unique event <br />s and residents of homes in which the <br />e is a potential public health and safety <br />re not properly cleaned, sanitized and <br />coverage or being underinsured, certain <br />o properly clean, sanitize and repair the <br />e of the uniqueness of the Event and the <br />. of City assistance to the owners of the <br />URSEMENT. The City Council hereby <br />amages caused by the Event not covered <br />amount of up to $15,000 per home. Such <br />ind sanitation of the home, costs of the <br />to carpets, heating and air conditioning <br />systems, hot water heaters and water <br />Dck, wall board and paneling. Costs of <br />e and of other contents damaged by the <br />rs whose property insurance provided <br />City Hall 1 (952) 927-8861 <br />4801 WEST 50TH STREET FAX (952) 826-0390 <br />EDINA, MINNESOTA 55424-1394 TDD (952) 826-0379 <br />