§ 51.12. CONTRACT FOR SERVICE; INDEMNITY; LIABILITY OF VILLAGE FOR INTERRUPTION OF SERVICE; LIMITATION ON LIABILITY OF VILLAGE.

(A) All provisions and sections of this subchapter and any amendments hereto shall be considered a part of the contract with every person that is supplied with water through the Water Supply System, and every person, by taking water from the Water Supply System, shall be considered to express his or her consent to be bound hereby, and whenever any provision or section of this subchapter is violated, the water may be cut off from the building or place of violation at the discretion of the village and shall not be turned on again except upon correction of the violation and payment of the expenses of same as provided in this subchapter.

(B) The user shall indemnify, save harmless and defend the village against all claims, demands, cost or expenses for loss, damage or injury to persons or property in any manner, directly or indirectly, growing out of the transmission and use of water by the user from the user's water service pipe installation.

(C) Should it become necessary to shut off the water to any user or users of the Water Supply System because of any accident or for the purpose of making repairs or extensions, the village shall endeavor to give timely notice to the users affected thereby and shall, so far as is practicable, use its best efforts to prevent inconvenience and damages arising from any such causes, but the failure to give the notice shall not render the village liable in damages for any inconvenience, injury or loss which may result therefrom.

(D) The village shall not be responsible for interruptions of service because of natural calamities, equipment failures or actions of users of the Water Supply System. It shall be the responsibility of the user that all connected equipment remains in good working order. No claim shall be made against the village by reason of the breaking away of any water service pipe, corporation stop, curb stop or for any other interruption of the water supply.

(E) The village shall not be liable for any expense incurred by a permit holder or applicant in locating water mains, water service pipes, corporation stops, curb stops, compilation of water records or compliance with other requirements of this subchapter.

(Ord. 69, passed 10-24-2005)