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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 2 , 20 City Clerk