A. Condition of Customer Facilities. The customer shall install and maintain, in a good and safe condition, all facilities and/or equipment required for receiving, controlling, applying and/or utilizing City water. The City shall not be liable for any loss or damage caused by improper installation, negligence, want of proper care, wrongful act(s) of customer or customer’s tenants, agents, employees, contractors, licensees, or permittee’s installing, maintaining, using, operating, or interfering with customer’s facilities and/or equipment.
B. Water Service Billing Adjustments. No reduction in charges for water service shall be made for any cause, including leaks, freezing or similar instances. However, if the customer’s facilities and/or equipment include facilities that are beyond the customer’s control, the customer makes an immediate and diligent effort to repair the break as soon as possible after its discovery, and circumstances warrant it, such as with a break-in, the City, upon written request by the customer, may make an adjustment to the water service charge. The adjustment shall be based on previous year’s usage for the same billing period. Adjustments shall not exceed 50% of the difference between current and previous usage. All adjustments shall be made in accordance with the AMC.
C. Damage to Customer Facilities. The City shall not be responsible for damage to property caused by customer’s facilities and/or equipment when, or while, water service is in use by the City for repair or replacement of water mains, water services, or similar City owned and operated facilities relating to the production, treatment, or distribution of water to the customer’s facilities. When possible the City will make a reasonable attempt to notify the customer of such activity. (Ord. 2964, added, 10/07/2008)