All persons now receiving a water supply from
the Montello Water Utility, or who may hereafter make application therefor, shall
be considered as having agreed to be bound by the rules and regulations
as filed with the Public Service Commission of Wisconsin.
The Utility shall be managed by the Common Council
of the City of Montello until such time as a separate Utility Board
is created or until the management is placed in some other body or
committee.
The Utility shall be supervised by the Director of Public Works who shall be employed upon terms and conditions to be fixed by the Common Council of the City of Montello as directed by Chapter
78, §
78-9 of this Code.
The Common Council shall provide for the keeping
of accurate records and customer accounts for the Utility and books
relating to the capital and operating affairs of the Utility and make
periodic reports in the manner required by state law and by rules,
regulations or orders of the Wisconsin Public Service Commission and
shall provide for the mailing of quarterly bills to customers.
When premises are to be vacated, the Utility
shall be notified in writing at once so that it may remove the meter
and shut off the supply at the curb cock. The owner of the premises
shall be liable to prosecution for any damage to the property of the
Water Utility by reason of failure to notify the Utility of vacancy.
No person shall enter a claim for damage against
the City of Montello as a Water Utility, or any officer thereof, for
damage to any pipe, fixture, or appurtenance by reason of interrupted
water supply, or variation of pressure, or for damage of any nature
whatsoever caused by the turning off or turning on, either wholly
or partially, of the water supply for the extension, alteration, or
repair of any water main or premises supply, or for the discontinuance
of the premises water supply for the violation of any rules or regulations
of the Montello Water Utility. No claims will be allowed against the
City on account of interruption of the water supply caused by the
breaking of pipes or machinery, or by stoppage for repairs, on account
of fire or other emergency, and no claims shall be allowed for any
damage caused by the breakage of any pipe or machinery.
No person shall dig into or open a street, alley
or other public ground for the purpose of connecting with the Water
Utility system of the City without applying for and receiving a written
permit from the Director of Public Works nor cover pipe laid for such
service connections or connection joints made without the inspection
and approval of the inspector. A permit shall be issued upon application
if the fee is paid and if the premises have been assessed and are
not in default in their payments. Approval of the laying of the pipe
and making the connections shall be given if the work conforms to
the requirements of this article.
All excavations made in the streets, alleys
or other public grounds shall be refilled to restore the surface to
substantially the same condition as it was in prior to excavation
and with the same type of surface material, and such backfill shall
be settled with water to minimize settling. All such excavation and
backfilling shall be done in such manner that there is no ultimate
damage to any streets, alleys or public grounds.
Any person applying for and receiving a permit
and excavating under that permit shall thereby be deemed to have stipulated
as part of his permit that he will save the City harmless from any
claim for injury or damage or expense to persons or property or otherwise
arising out of such excavation or connection and the use thereof or
backfilling of the excavation and shall at all times when any excavation
is open or when as a result thereof there is any obstruction to travel
or any condition dangerous to persons or property of others maintain
adequate barriers, lights or other warning and protective devices
as the circumstances may require.
Service lines and laterals may be laid by any plumber whether or not he has a master plumber's license. Such plumber need not file a bond for faithful work, but he shall comply with the provisions of the state law and the ordinances, rules and regulations of the City of Montello and of the Public Service Commission and State Board of Health of Wisconsin and shall be liable under the indemnity provisions of §
330-9 of this article and shall be responsible and liable to the City for any damage he may do intentionally or otherwise to the Utility system or caused by him or his employees.
Any person who violates any of the provisions
of this article shall forfeit and pay to the City of Montello the
sum of not less than $1 nor more than $100, together with the costs
of the prosecution, and in default of the payment of such penalty
as may be fixed by the court in the event of prosecution and conviction
together with such costs such person may be imprisoned until such
penalty and costs are paid in full, but not to exceed 60 days. Each
day an offense continues or a violation occurs shall be considered
as a separate offense. Continuing violations may be enjoined by the
court in a civil action brought by the City.