Ordinance 1997-1

ORDINANCE REGARDING TOWN RESPONSIBILITY ON WATER LINES

WHEREAS, issues have arisen in the past as to who is responsible for the maintenance, repair, and replacement of water lines as between the Town of Millersburg and property owners within the Town;

WHEREAS, the Town has the legal right to access water lines only within the Town’s right of way;

WHEREAS, when new water service is installed for a property, the Town, as part of the installation of water service a curb stop valve within the right of way, but the owner finishes the installation from the curb stop valve to the improvements on the property, and the Town Council does not believe that it is prudent for the Town to accept responsibility for the portion of the water line not installed by the Town;

NOW, THEREFORE, BE IT ORDERED, ESTABLISHED AND ORDAINED by the Town Council of the Town of Millersburg, Indiana as follows:

1. The Town accepts responsibility for maintenance, repair, and replacement of the water line only to and including the curb stop valve at each water service installation, and each property owner shall be responsible for maintenance, repair, and replacement of the water line between the curb stop valve and the property owner’s improvements.

2. At water service installations where a water meter pit is on the property owner’s side of the curb stop valve, the Town’s responsibility for maintenance, repair, and replacement of the water line will end at the curb stop valve, and the responsibility for maintenance, repair, and replacement of the meter pit shall be that of the property owner.

3. The Town shall supply a meter horn for each water service. The property owner shall be responsible for the installation and maintenance of the meter horn, and the Town shall be responsible for the maintenance, repair, and replacement of the meter and remote readout.

4. This Ordinance shall not affect in any manner the liability of any party for damage to the water line due to a party’s negligent or wrongful acts.

5. This Ordinance shall be effective upon its passage by the Town Council.

ADOPTED, ESTABLISHED AND ORDAINED this 20th day of January, 1997.