(A) Procedure. Any person, firm or corporation desiring to connect a premises with the water supply system of the town shall make application therefor at the town offices. The application shall contain the location of the premises where such water is to be used and such other reasonable information as the town utilities authority may require. Tap charge in effect at time of application must be paid at time application is made, and no work will be started by the town until same is done.
(1) The owners of all houses, buildings or properties used for human occupancy, employment, education, recreating or other purposes, situated within the town and abutting on any street, alley or right-of-way in which there is now located, or may in the future be located, a town utilities authority water line (in accordance which all municipal requirements) and pay all HUA fees and charges therefor, within 120 days after the date of official HUA notice to do so: provided, that, the HUA water line is within 300 feet of the property line.
(2) It shall be hereinafter unlawful for any person to maintain or establish a private water well to serve a facility, unless he or she shall first be connected to the HUA water system and pay the monthly water fees and charges; provided, that he or she meets all the requirements for mandatory hook-up established in division (A)(1) of this section.
(B) Contract for service. The application for water service shall be considered a contract with the town and the person making the application agrees:
(1) Payment. To pay for the water consumed at the rate prescribed by the Board of Trustees at the time the water is consumed;
(2) Rate changes. To recognize the right of the town to change the rate at any time;
(3) Discontinuance of service. To recognize the right of the town to temporarily discontinue water service at any time, without notice to the consumer, to install, repair or remove a water meter, or for other proper cause;
(4) Compliance with ordinances. That the contract is subject to all the ordinances in effect at the time of making the contract and which may be passed and become effective thereafter;
(5) Defective plumbing. The town shall not be responsible for damage by water or other cause resulting from defective plumbing or appliances, and the fact that an agent of the town has inspected any such plumbing or appliances shall not be pleaded as a basis for recovery in case of damages to the premises from defective plumbing or appliances installed by the owner or occupant of such premises; and
(6) Interruption of water supply. The town shall not be liable for damages resulting from the interruption or failure of the supply of water, regardless of the cause thereof; and that such failure of the supply of water, regardless of the cause thereof, for any reasonable period of time shall not be held to constitute a breach of contract on the part of the town nor relieve the consumer from performing the obligation of his or her contract.
(Prior Code, § 8-1-2) (Ord. 278, passed 1-5-1995)