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Ord. 844,5-20-10) (We will NOT be SEALING – can we get rid of all of this?) 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 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 . Respons ib ilit y for ma in te na nce and prote ctio n of the curb stop box sha ll be tha t of the applic ant, own er or occupa nt or othe r user of the pre mises, and it sha ll be the respons ib ilit y of said party to ma in ta in the curb stop box at such height as will ens ure tha t it will remain above the fin is he d gra de of the land or prope rty. Nothing herein will pre ve nt the Municipa lit y from re coverin g the cos t of repairs from the applic ant, own er or othe r occupa nt or othe r user of such pre mises or any othe r party in the eve nt it can be establis he d tha t 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)Whenever any water meter is found to be broken or otherwise damaged in any manner, said condition shall be prima facie evidence of a violation of this subdivision. Subd. 6. 5.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 of twenty five dollars ($25.00)to, as established and contained in the Citycity’s fee schedule, 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 624354v12MU210-54