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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 replaceme 4 -any broken, leaking or malfunctioning curb stop boxes. This policy permitting City to 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 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. (1988 Code §70.03; Ord. 565, 9-11-95; Ord. 673, 12-11-00) Subd. 5. 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. (1988 Code §70.04) Subd. 6. Meter Testing on Request of Owner; Fees: Whenever a water user questions the accuracy of a meter and desires that the meter be tested, they shall pay a fee of twenty five dollars ($25.00) to the City 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- ter -s o eeding five eighths ineh " . If it is not aeeufate 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. (1988 Code §70.17) SECTION 2. The City Council of the City of Mounds View hereby amends Title 900, Chapter 907, Municipal Sanitary Sewer System, Section 907.06 of the Mounds View Municipal Code by adding the double -underlined material and deleting the seri material as follows: