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Any user who feels his usage is unjust and inequitable may make written application to <br />the City of Batesville requesting a review of the respective user charge. Said written request <br />shall, where necessary, show the actual or estimated average flow of his wastewater. Review of <br />the Request shall be made by the City Utilities Manager and, if substantiated, the user charges <br />for that user shall be recomputed based on the revised flow data and the new charges shall be <br />applicable to the next billing cycle/period. Should the user disagree with the City Public Works <br />engineer's findings, the user may elect to bring the issue before the City Council on appeal. <br />Section 24. Inoperative Meter/Catastrophic Use <br />Should a customer's water meter malfunction, the City may adjust the customer's bill as <br />set forth herein. When such malfunction or catastrophic use causes excess water consumption <br />and valid proof of repair, that is acceptable to the City, is presented, usage may be adjusted, at the <br />discretion of the City. <br />In the event a malfunction or catastrophic use is a result of defects on the customer's <br />property, such adjustment may be calculated by averaging the customer's use for the preceding <br />12 months, including high usage months, and assessing the bill in the amount of that average. <br />In the event a malfunction or catastrophic use is a result of defects on the City's property, <br />such adjustment may ne calculated by averaging the customer's use for the twelve (12) months <br />preceding the malfunction or catastrophic use and assessing the bill in the amount of that <br />average. <br />Section 25. Reasonableness <br />That the City Council hereby finds and declares that the above fees and rates are fair, <br />reasonable and necessary minimum fees, and will produce revenue at least sufficient to recover <br />actual costs or performing the services. <br />Section 26. Severability <br />