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554658v3 DTA MU210-54 6 b. Said meters shall be tested and repaired, from time to time, as is necessary to insure accurate measuring of the flow of water; except, that whenever a meter has been damaged due to negligence on the part of persons other than the Municipal employees of the City Water Department, the owner, occupant or user of the premises or such other persons desiring the use of the water shall reimburse the Water Department Municipality for the expense of testing, repairing, or replacing any such meter and for the cost of testing any meter exceeding five-eighths inch (5/8”) in size. Upon failure to reimburse the Municipality within a reasonable time and upon demand therefor, the water service and supply to said premises may be shut off or discontinued as determined to be in the best interest of the Municipality. c. In all cases where a seal is broken or a meter is removed by a licensed plumber, such plumber shall notify the City Administrator Director of Public Works/City Engineer, or its designee, of the fact within twenty four (24) hours after the seal is broken or the meter is removed. Whenever any seal attached to a water meter by or under the direction of the City Administrator Director of Public Works/City Engineer is found broken, the broken condition of such seal shall be prima facie evidence that such seal was broken contrary to the terms and provisions and in violation of this Chapter. Subd. 4. Liability for Repairs: After the initial connection has been made to the water main, the applicant or the occupant or other user of such premises shall be liable for, but the City may 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 premises. It shall be in the sole discretion of the City to repair or replace the leaking water service line. The City may, 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 repair or replacement of any broken, leaking or malfunctioning curb stop boxes. This policy permitting City repair between the water main 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 and shall set forth any eligibility requirements and opt-out provisions therein. 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 maintenance 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