Village of Springville, NY
Erie County
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[HISTORY: Adopted by the Board of Trustees of the Village of Springville: Art. I, 7-25-1994 as L.L. No. 2-1994. Amendments noted where applicable.]
GENERAL REFERENCES
Sewers — See Ch. 135.
Water — See Ch. 190.
Water, sewer and storm drain systems — See Ch. 193.
[Adopted 7-25-1994 as L.L. No. 2-1994]
The Board of Trustees of the Village of Springville has determined that it would be beneficial for both the village and the village's utility customers if an agent or agents were designated and authorized by the Board of Trustees to collect water, sewer and electric bills owed to the village at a location or locations other than the Village Clerk's office and at times when the village offices are closed. It is hereby deemed expedient and desirable for the good government of the village, its management and business that such an agent or agents be so designated and authorized for the collection of water, sewer and electric bills in addition to collections made at the Village Clerk's office by village officers and employees.
The Board of Trustees of the Village of Springville may by resolution designate an agent or agents to collect the village's water, sewer and electric bills on its behalf, together with any interest and penalties due thereon. Any agent so designated shall first be determined by the Board of Trustees to be a responsible person, partnership, association or corporation conducting a business on a regular basis within the village at a location convenient for the payment of water, sewer and electric bills by the citizens of the village.
Any agent so designated by the Board of Trustees of the village shall execute an agreement with the village which shall, among any other terms and conditions deemed desirable by the Board of Trustees for the protection of the village's interests, contain provisions regarding:
A. 
The length of the term of the agency agreement.
B. 
The specific method of recording collections and reporting of such collections to the village.
C. 
The deposit, no less frequently than daily, of all funds collected to an account in the name of the Village of Springville at a local bank designated for that purpose by the Board of Trustees.
D. 
The type of receipt system to be employed.
E. 
The instruction and supervision of the agent's employees.
F. 
The immediate and continuous segregation of all funds collected on behalf of the village from any other funds in the hands of the agent.
G. 
The types and amounts of insurance to be in effect to compensate the agent and the village for any loss of village funds resulting from theft, robbery, fire or other casualty.
H. 
A fidelity bond to cover the faithful performance of such agent and the agent's employees.
I. 
That the agent may not collect any amount less than the full amount owing, together with any interest or penalties due, as shown on the most recent bill sent to the customer by the village.
J. 
That the agent may not collect any amount for any account unless the most recent bill is presented to the agent by the payor.
K. 
The accounting, reporting, depositing and receipting forms, devices, containers and other supplies that will be required for use by the agent and identifying those which will be provided by the village.
L. 
The compensation, if any, to be paid by the village to the agent.
Notwithstanding a fixed term recited in any such agency agreement, any agency relationship created hereunder may be terminated for any reason at any time by resolution of the Board of Trustees of the village. Notice of such termination shall be served upon the agent either personally or by certified mail, return receipt requested, and upon the utility customers of the village by publication of notice of such termination in the official newspaper of the village or, if there be none, in a newspaper of general circulation in the village.
A. 
An agent designated by the Board of Trustees pursuant to the authority contained herein shall not have authority to collect village taxes or any other funds owed to the village except sewer, water and electric bills, together with interest and penalties due thereon.
B. 
An agent designated by the Board of Trustees pursuant to the authority contained herein shall not have authority to correct, modify or adjust a utility bill in any manner or in any amount or to act on behalf of the village in any capacity except as a collector of water, sewer and electric bills as issued by the village, together with any interest and penalties due thereon.
Any moneys collected by a duly authorized agent designated by the Board of Trustees as a utility bill collector pursuant to this Article shall be deemed to be moneys paid to and received by the Village of Springville.
The Village Treasurer shall monitor the performance of any agent designated pursuant to the authority contained herein and shall promptly report any failure of satisfactory performance by the agent to the Board of Trustees.