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ORDINANCE NO. 673 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING TITLE 900, CHAPTER 906 OF THE MOUNDS VIEW MUNICIPAL CODE BY AMENDING SECTION 906.04, SUBD. 4 AS TO WATER METERS AND THE RESPONSIBILITY OF REPAIRS FOR WATER SERVICE LINES THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. Section 906.04, Subd. 4 of the Mounds View Municipal Code relating to water meters and the responsibility of repairs for water service lines is hereby amended by the addition of the bold and underlined language and deletion of the bold and stricken language as follows: Subd. 4. Liability for Repairs: After the initial connection has been made to the watermain, the applicant or the occupant or other user of such premises shall be liable for City shall perform, in its sole discretion and subject to the receipt of permission and a right of entry agreement, except in cases of emergency affecting the public health, safety and welfare, all leak-associated repairs between the water main and the structure located on the premise. It shall be in the sole discretion of the City to repair or replace the leaking water service line. The City shall, in its sole discretion and subject to the receipt of permission and a right of entry agreement, except in cases of emergency affecting the public health, safety and welfare, also assume responsibility for the repair or replacement of any broken, leaking or malfunctioning curb stop boxes. This policy permitting City repair between the watermain and structure located on the premises shall be funded by an additional utility fee. The City Council shall establish and adopt this utility fee by resolution annually. This service shall be provided to all single family, duplexes, fourplexes and townhouses. Large apartment complexes and commercial properties are not included in this policy. For any repairs performed by the City, the City shall not be responsible for the restoration of the excavation site, including, but not limited to seeding or placement of sod, trees, shrubs, flowers, underground irrigation or any other improvements not specifically mentioned herein which may be disturbed, destroyed or removed during the repair or replacement of the water service. The Municipality shall provide, in its sole discretion, only the initial repair or replacement of any impervious surface, should it be necessary in the performance of the repair of a leak or break of the property's service. Responsibility for mMaintenance and protection of the curb stop box shall be that of the applicant, owner or occupant or other user of the premises, and it shall be the responsibility of said party to maintain the curb stop box at such height as will ensure that it will remain above the finished grade of the land or property. Nothing herein will prevent the Municipality from recovering the cost of repairs from the applicant, owner or other occupant or other user of such premises or any other party in the event it can be established that said parties were the cause of the damages requiring the repairs.