SERVICE, DISRUPTIONS, AND LIMITATION OF LIABILITY
Mesa City Code § 8-10-6
in effect8-10-6: - SERVICE, DISRUPTIONS, AND LIMITATION OF LIABILITY
(A) The City will, considering the existing circumstances and conditions and without undue preference or obligation to any Customer, make reasonable efforts to provide satisfactory service and to avoid unreasonable interruptions of service. It cannot, and does not warrant or guarantee a continuous or sufficient supply or freedom from fluctuation, intermittency or interruption. Service may at any time be suspended or interrupted due to emergencies or for the purpose of performing maintenance, making repairs, extending or replacing the System, or other necessary work, and also pursuant to the Water Shortage Management Plan and the provisions of this Chapter. The Department will endeavor to provide notice of outages where reasonable and practicable.
(B) The City does not warrant nor guarantee its ability to provide continuous or uninterrupted utility service; nor does the City warrant or guarantee any level of supply sufficiency. If service is delayed, interrupted, suspended, discontinued, irregular, fluctuating, intermittent, reduced or otherwise limited or defective the City shall not be liable for damages, losses or claims of any kind arising therefrom.
(C) Customers who have any machinery, material, process or plant which requires a constant supply or flow or pressure of water shall at the Customer's own expense install upon their property such water storage pumps, tanks and other facilities as will prevent any damage in case service may, for any reason, be interrupted, fluctuating, intermittent or discontinued.
(D) The City will make reasonable efforts to reestablish service when service interruptions occur, considering in all cases the customer's needs and capacity, the existing facts, circumstances and conditions including but not limited to System condition and physical availability of water supplies, and considering impacts to other customers. The restoration of service will be performed by the Department in the manner which, in the opinion of the Department, will result in the greatest public benefit.
(E) The City, without notice or liability, may suspend or interrupt service to any Customer or Customers in the event of an emergency or disaster threatening the integrity or operation of its System if, in its sole judgment, such action will prevent or alleviate the emergency condition. In such a case, the Department may apportion its available supply of water among its Customers in the manner that appears equitable and of the greatest public benefit under conditions then prevailing and with due consideration for public health, safety, and welfare.
(F) The City will also make reasonable efforts to complete the installation of new System mains and facilities within a reasonable time period, also considering the Customer's needs and capacity required, the existing circumstances and conditions, and its obligations to other Customers, but shall not be liable for any delays in completion of such installation.
(Ord. No. 5863, § 1, 7-8-24)
Source: City of Mesa, Arizona, Mesa City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/az/mesa/codes/code_of_ordinances?nodeId=COOR_TIT8HESAEN_CH10MUWASY_8-10-6SEDILILIFetched: 11/1/2026