09.03 - Exhibit 5 - Draft Final Water Ordinance

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Section 15 -2.12. RESPONSIBILITY OF OWNERS 1. The city shall own the water line up to the designated curb stop. In the event that there is no curb stop on the property, the city shall own the water line up to the edge of the dedicated street. All of the service line from the meter to the designated curb stop, or edge of dedicated street, and all valves, boxes and parts thereof are owned by the customer and are to be maintained by them. Only the meter is owned by the city and shall be so maintained. Any damage through malicious mischief, neglect, freezing or whatever to destroy the meter shall be the liability of the customer, whether it is an owner or the renter of the property. 2. The Supervisor or designated employees shall have free access at all reasonable hours to any premises to ascertain the location or condition of all water equipment. Any person desiring to discontinue the use of city water shall notify the city in writing and the inspection and shutoff work must be done by a duly authorized city representative. The city shall have the right of access on the home owner's property in order to dig to the curb stop and the right of access on the home owner's property for access to said curb stop. 3. When a customer complains that the bill for any past service period is excessive, the city shall have the meter reread upon request. If the customer remains dissatisfied, and he may, upon written request and a deposit of $20.00, have the meter removed and tested. If the tests show an error in the city's favor exceeding five (5) percent of the water consumed, the deposit shall be refunded, an accurate meter shall be installed, and the bill shall be adjusted accordingly. Such adjustment shall not extend back more than one service period (one month) from the date of the written request. 4. When time warrants and the city finds water rationing necessary to protect the city supply, and after sufficient notice has been given to this rationing, a customer is found in violation, the water department will shut off the water to that customer and will not be resupplied until the customer has a hearing with the City Council. Sufficient notice will be a publication in the official newspaper if time permits or on short notice, notification over the local radio station and City website. Section 15 -2.13. DISCLAIMER OF LIABILITY The City shall not be liable for any deficiency or failure in the supply of water to property owners or users, whether occasioned by shutting the water off for the purpose of making repairs or connections, or from any other cause whatever.