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+ ' i <br /> . <br /> . , <br /> LEGAL DEPARTMENT MEMORANDUM <br /> No. 90-2 <br />� January 25 , 1990 <br /> TO: The Honorable Mayor and City Council Members <br /> FROM: James C. Bacon, Jr. , City Manager <br /> John W. Couter, Corporation Counsel <br /> RE: Water Meter Service Lines <br /> As curreritly written, the City Code provides that owners of <br /> non-domestic water service lines shall be responsible for the <br /> maintenance of same from " . . . the City mains to the discharge <br /> side of the water meter" . (City Code, Chapter 64, Section 5) <br /> Many buildings, primarily in the downtown area, have unmetered <br /> lines connected to fire sprinkling systems. As the Code only <br /> refers directly to lines with meters, who is responsible for the <br /> maintenance of these unmetered fire protection service lines? <br /> In Baker v. City of Belleville, 113 I11.Dec. 193 (1987) , the <br /> Appellate Court construed a similar provision of ordinance <br /> strictly against the City, and held that since the ordinance did <br /> not expressly require the landowner to maintain a (sewer) service <br /> line, the City was liable therefor. <br /> Twice in recent months unmetered lines for fire protection <br /> services have developed leaks and, in light of the Belleville <br /> decision, the City has assumed part of the cost for the repair. <br /> An ordinance which amends the City Code so as to make the <br /> landowner liable has been prepared by the Legal Department. Such <br /> an amendment will avoid Belleville-type problems in the future, <br /> and is recommended for your approval. <br />