Sec. 10-2.104.  Liability limitations.
   The City shall not be liable for:
   (a)   Interruptions of service or a shortage or inadequacy of supply. The City shall have the right to discontinue water service to any customer or premises or in any part of the distribution system as long as necessary without notice to customers in case of emergency. In the event of an interruption in service, the City shall not be liable for any loss or damage caused thereby. The causes for temporary suspension of service shall be removed by the City without unreasonable delay.
   (b)   Damages to building plumbing or premises as a result of the customer's failure to maintain the pipes and protection devices on the customer's side of the water meter.
   (c)   Variations in either the taste, color or odor of the water wherein such variation is either:
   (1)   Typical for potable water supplies, meeting the requirements of public agencies setting standards for such items:
   (2)   A result of corrosion or input of deleterious material or chemicals on the customer's side of the meter.
   (d)   Inadequate fire protection where caused by actual fire flow requirements exceeding the stipulated or conditioned fire flow requirements, failure of the owner or his/her engineer to properly design a system, loss of water due to circumstances beyond City's control, failure of owner to maintain any installed on-site fire protection system or other cause as determined to be beyond the City's reasonable control.
   (e)   All representations made by the City as to the sufficiency of its water system or as to the necessity of the construction of additional facilities or the payment of fees by any applicant/developer are specifically made subject to the ability of the City to secure water from sources which are beyond the boundaries of the City and in the control of other governmental entities or private companies.
(Ord. 1516-NS, eff. June 5, 2009)