[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.
