§ 15-9-7. LIMITATION ON CITY'S LIABILITY; RELEASE.  


Latest version.
  • (A)

    The City is not liable to a customer or to any other person for property damage, personal injury, business damage, or other loss resulting from a negligent or non-negligent act of the City that causes an interruption or failure of water, reclaimed water, wastewater, or solid waste disposal service, a delay in commencing service, fluctuation of water or reclaimed water pressure, or wastewater service.

    (B)

    The City is not liable to a customer or to any other person, for property damage, personal injury, business damage, or other loss resulting from a power black-out, power brown-out, interruption or failure of electric service, delay in commencing service, low voltage, high voltage, power surges, or fluctuation of power voltage, wave form, or frequency, caused by a negligent or non-negligent act of the City unless the damages are caused by the gross negligence or willful misconduct of the City.

    (C)

    A customer shall release and hold the City harmless for any damage, injury or loss described in this section.

Source: 2003 Code Section 15-9-41; 1992 Code Section 18-4-060; Ord. 040805-02.