A. Ownership, Installation And Maintenance:
1. The village shall install, own and maintain the complete water system water mains and service lines to the property line or a mutually agreed upon point subject to the board of trustees' determination that a particular service is economically feasible to install.
2. The village shall furnish, install and maintain a meter and appurtenances including a shutoff valve. The shutoff valve shall be installed on the user's property line or such other point determined by a duly authorized representative of the village. The meter may be located near the shutoff valve or within the user's premises as determined by the village representative. The meter and shutoff valve must be located at a point where it is readily accessible.
B. Refusal Of Service: The village may, at any time, refuse additional service(s) to any applicant if, in the judgment of the board of trustees, the capacity of the system will not permit such use.
C. Temporary Shut Down Of Use:
1. The water superintendent shall be authorized to direct commercial and industrial users of water to shut down use, either totally or partially, on a temporary basis, or to shut off the water service to commercial and industrial users, on a temporary basis, where he determines there is inadequate water available for residential use or for fire protection purposes. The term "temporary basis" means a period of time until there is adequate water available for residential use or for fire protection purposes.
2. The water superintendent is further authorized to cause water service to any premises to be shut off where an emergency reasonably calls for such action or when such action is for purposes of repair or improvement to the water system or parts thereof.
3. No person shall fail to comply with the directions of the water superintendent in carrying out the provisions of this section. Any person, firm or corporation violating the provisions of this section shall be penalized as provided in this chapter. Any person, firm or corporation aggrieved by any such direction or action by the water superintendent may appeal such direction or action to the board of trustees or, where time is of the essence, to the village president.
D. Nonliability: All water service supplied by the village shall be upon the express condition that the village or its officers, agents, representatives or employees shall not be liable nor shall any claim be made against it or its officers, agents, representatives or employees for damages or injury caused by reason of shutting off of water for repair, relocation, or expansion of any part of the system, or failure of any part of the system, or for concentration of water for such purposes as firefighting or restricted use of water, or for emergency purposes.
E. Village Use Of User's Water: The village reserves the right for itself and for the San Jose fire protection district to use the water from user's facilities at any time deemed necessary. No person, firm or corporation shall interfere with the right to such use by the village or fire protection district; and any person, firm, or corporation violating this provision shall be subject to the penalties provided in this chapter. No charge shall be made by the user for the use of his facilities, and no charge shall be made by the village for the water used by the village or said fire protection district. (Ord. 346, 4-20-1998, eff. 5-1-1998)