HomeMy WebLinkAboutResolution No. 2002-015 Sewer Back-up ReimbursementRESOLUTION NO. 2002-15
PROVIDING FOR REIMBURS MENT FOR DAMAGES
TO RESIDENCES AS A RESULT OF BACKUP OF
SANITARY SEWER SYSTEM B Y A SURCHARGE FROM
WATER MAIN BREAK
BE IT RESOLVED by the City Council of the
SECTION 1. RECITALS. The City owns an(
sewer utility. On January 6, 2002 a break
Boulevard in the vicinity of Cooper Avenue r
system in homes in the vicinity due to "surcl
(the "Event"). Owners of homes damaged bi
City seeking reimbursement from the City
insurance carrier has reviewed the Event and
of showing of negligence on the part of the Ci
5, 2002 the City Council took testimony coi
homes caused by the Event. Many of the ho
have insurance coverage for sewer backups (
incurred damages in excess of coverage limits.
SECTION 2. FINDINGS. The City Council 1
that has resulted in a hardship to the ownE
sanitary sewer backup occurred, and that the
hazard to the City if the damaged homes
repaired. Because of either a lack of insurance
homeowners do not have the financial means
damage. The City Council believes that becaL
potential health and safety hazard, some fors
residences damaged by the Event is appropria
LE FOR
approves reimbursement to homeowners for
by the homeowner's property insurance in thi
reimbursement shall cover costs of clean up
disposal of damaged items, losses from dama
equipment, plumbing and sanitary sewer
softeners, and losses from damage to sheet
replacement or sanitizing of rugs and furnitt
Event shall not be reimbursed. Homeown
of Edina, as follows:
City of Edina
operates a water utility and a sanitary
i a water main located on Interlachen
sulted in a backup in the sanitary sewer
Irging" caused by the water main break
the Event have submitted claims to the
or their damages. The City's liability
lenied the claims because of an absence
�. On January 15, 2002 and on February
-erning the Event and the damages to
teowners damaged by the Event do not
if they have insurance coverage, have
Aieves that the Event is a unique event
s and residents of homes in which the
e is a potential public health and safety
re not properly cleaned, sanitized and
coverage or being underinsured, certain
o properly clean, sanitize and repair the
e of the uniqueness of the Event and the
. of City assistance to the owners of the
URSEMENT. The City Council hereby
amages caused by the Event not covered
amount of up to $15,000 per home. Such
ind sanitation of the home, costs of the
to carpets, heating and air conditioning
systems, hot water heaters and water
Dck, wall board and paneling. Costs of
e and of other contents damaged by the
rs whose property insurance provided
City Hall 1 (952) 927-8861
4801 WEST 50TH STREET FAX (952) 826-0390
EDINA, MINNESOTA 55424-1394 TDD (952) 826-0379
coverage for damages from the Event shall e eligible for reimbursement for an
g g g Y
deductible amount paid by the homeowner subject to the conditions established herein.
SECTION 4. ADTUSTMENT AND PAYI
authorized to retain an independent adjuster
be reimbursed by the City within the conitis
same standards that would be used by and it
property damage. The costs of any reimbui
shall be paid from City utility reserves.
SECTION 5.
OF LIABILITY. The reimbursement for damag
paid is being provided on a "no fault" basis i by
such reimbursement that homeowners receivi
liability to the City. Any reimbursement for d;
City shall not in any manner constitute an adi
behalf of the City and such reimbursement �hal
other damage caused by other sanitary sewer b
Dated: February 11, 2002.
ATTEST:&dtttaa:�:f
City Clerk
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )SS
CITY OF EDINA )
I, the undersigned duly appointed and acting
that the attached and foregoing Resolution v
Regular Meeting of February 11, 2002, and as
OF CLAIMS. The City Manager is
evaluate claims to determine losses to
set forth in Section 3 hereof using the
'ance company in adjusting claims for
hent and of the independent adjuster
N NO FAULT BASIS; INTO ADMISSION
!s caused by the Event authorized to be
he City and it shall not be a condition of
ig reimbursement provide a release of
mages caused by the Event paid by the
fission of liability for such damages on
only apply to this Event and not to any
ckups in the City.
rk for the City of Edina do hereby certify
adopted by the Edina City Council at its
I in the Minutes of said Regular Meeting.
WITNESS my hand and seal of said City this � d�y of
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City Clerk