City Council Study Session Agenda and Packet 2004 02 10

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RESOLUTION NO. 28 SERIES 1997 A RESOLUTION APPROVING A CITY POLICY REGARDING PAYMENTS FOR CLEANUP EXPENSES RESULTING FROM SEWER BACKUPS WHEREAS, there are, on average, seven sanitary sewer backups per year in Louisville involving an average of one claimant, and WHEREAS, even though the backups occur in City sewer lines, the City typically does not have legal liability for damages caused by such backups, and WHEREAS, citizens do not typically carry the necessary insurance coverage for damage caused by sewer backups, and WHEREAS, citizen relations would be enhanced by the payment of at least some of the expense incurred by families who experience a City sewer line backup, and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Louisville, Colorado Section 1. The City hereby adopts the following policy which provides for payments to citizens who experience sewer line backups: POLICY REGARDING CITY PAYMENTS FOR CLEANUP EXPENSES RESULTING FROM SEWER BACKUPS I. Introduction. Periodically, an obstruction or other blockage in a City sewer main causes a backup of sewage in the City sewer main into privately owned sewer lines and into citizen residences. Although the City may have no legal liability for damages in such situations, the cost of cleanup to the resident can be substantial. In an effort to maintain positive customer relations when backups occur, the City may pay for the cleanup of any sewage backup which may have been caused by blockage of the sewer main. The total cost to the City for the cleanup services may not exceed $1,000 per incident. II. Guidelines. The following guidelines shall be used in determining the circumstances under which such payment shall be made: 1. Payment under this policy is intended for those situations where the. City has no legal liability to pay for the damages caused by a backup in the main sewer line. In those cases where the City's claim adjustor finds that the backup was caused as a result of City negligence, the claim will be adjusted appropriately without payment under this policy.