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554658v3 DTA MU210-54 7 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. Subd. 54. Tampering with Meter Prohibited: It shall be unlawful for any person to tamper with, by-pass or in any manner whatsoever interfere with the proper use and functioning of any water meter within the Municipality. Subd. 65. Meter Testing on Request of Owner; Fees: Whenever a water user questions the accuracy of a meter not exceeding five-eighths inch (5/8ths”) in size and desires that the meter be tested, they shall pay a fee, as established and contained in the city’s fee schedule, of twenty five dollars ($25.00) if the meter tests accurately within a range of minus three percent to plus one and one-half percent (-3% - +1-1/2%). The testing of water meters exceeding five-eighths inch (5/8ths”) in size shall be regulated by Subdivision 3b hereof. If it is not accurate within this range, no charge will be made for testing, and an adjustment on the water bill will be made for testing and an adjustment on the water bill will be made for the period of time that the meter is assumed to be inaccurate as determined by the Municipality. SECTION 5. The City Council of the City of Mounds View hereby amends Title 900, Chapter 906, Section 906.06 of the Mounds View Municipal Code by adding the double-underlined material and deleting the stricken material as follows: 906.06: LEAK IN SERVICE LINE: Subd. 1. After the initial connection has been made to the water main, the owner, 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 any 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. Said repairs by the City shall be funded by an additional utility fee. The City Council shall establish and adopt this utility fee by resolution annually and may set forth any eligibility requirements and opt-out provisions therein. This service shall be provided to all single family, duplexes, triplexes, 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 owner, occupant or other user of the premises, and it shall be