[HISTORY: Adopted by the Borough Council of the Borough of Sayre
as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-8-1988]
To initiate water service termination to a customer of the water company by reason of that customer's delinquent sewer charges payable to the borough, an authorized and responsible officer of the borough, as defined in § 167-14 herein, shall cause to be delivered to the water company a written request for termination, together with the following information and statements:
A.
The name and address of the sewer service customers.
B.
The address of the premises for which water service termination
is sought.
C.
A statement that sewer charges relative to such premises
remain unpaid for a period of at least 30 days from the due date thereof.
D.
A statement that the borough has fulfilled all applicable
notice and procedural steps required of it by law, statute, regulations, ordinances
and other authorities, including, without limitation, those mandated by the
Sewer Act, 53 P.S. § 2261 et seq., and that the borough has not
received written or other information the effect of which would be to make
water service termination unlawful.
Upon receipt of the information specified under § 167-1 hereof, the water company will promptly either initiate its water service termination procedures or notify the borough that such procedures cannot be invoked and the reasons therefor.
The water company may decline to initiate water service termination
procedures in the following instances:
A.
The involved premises is not receiving water service
from the water company.
B.
The water company's customer at the involved premises
is a different person or entity that the borough's sewer customer.
C.
The water service to be terminated will adversely affect
service to other water company customers, other premises served by the water
company or its delivery system.
D.
The water company has received verbal or written notice
prohibiting or requiring deferral of water service termination.
E.
The nature of the facilities at the involved premises
makes service termination impracticable.
F.
The water company receives advice from its legal counsel
that water service should not be terminated under the particular circumstances.
G.
Other reasons mutually agreed between the borough and
the water company.
Nothing contained in this agreement shall authorize either the borough
or the water company to shut off or deny service to any lessee of a property
because a previous lessee failed to pay either the water or sewer service
rate, rental or charges pursuant to the Sewer Act, 53 P.S. § 2261.
Under circumstances where the water company initiates its service termination
procedures, it is understood and agreed that the water company will comply
with all applicable notice and procedural requirements relative to water service
termination contained in the Pennsylvania Public Utility Code, the rules and
regulations of the Commission and the water company's rates, rules and
regulations.
Exclusive of contact between the water company and its customer required
to effect the termination, the borough shall conduct all interaction with
the involved sewer customer, including, without limitation, negotiations for
payment of arrearages and all contact regarding pretermination through posttermination
procedures for dispute resolution. In addition, the borough shall prepare
and deliver to the water company a statement to be attached to the water company's
standard service termination notices notifying the recipient that inquiries
as to the arrearage or any dispute relative thereto should be directed to
a named representative of the borough at a given telephone number and that
no contact should be made to the water company. In no event shall the water
company accept any payment from a customer for sewer charge arrearages. Further,
the borough shall cause its authorized representative to be present at the
involved premises at the time of water service termination and at any time
when the premises must be visited to effectuate required notices or perform
service termination procedures. Such representative of the borough exclusively
will conduct any conversation or other interaction with the involved customer.
The decision whether or not to terminate water service shall be made by the
borough representative in attendance, and the water company employee may exclusively
rely upon said decision. The decision whether or not to reconnect water service
shall be made by the borough representative in attendance, and the water company
employee may exclusively rely upon said decision.
Concurrently with the delivery of the written request under § 167-1 above, the borough shall pay to the water company $30 per involved premises, which shall not be refundable. Said sum shall constitute payment in full to the water company for its services hereunder, including mailing required service termination notices, fulfilling required pretermination procedures, conducting service termination and restoration visits to the involved premises and completing service termination procedures. The payments specified hereunder may be amended from time to time as agreed by the parties hereto. In the event that the borough requires the water company to disconnect or reconnect a customer after its normal working hours, this will result in an additional overtime charge to the borough of $30 in addition to the original nonrefundable payment.
As to each premises for which water service is terminated hereunder,
the borough shall pay to the water company the estimated loss of water revenues
resulting therefrom, which shall be calculated in the same manner that the
water company uses in the ordinary course of business to calculate estimated
water bills. The estimated consumption per premises shall be applied to the
water company's tariff rates in effect during the period, including all
minimum charges and surcharges. The total estimated bill, so calculated, will
be divided by the number of days in the period to determine the estimated
daily rates. Estimated lost revenues shall be equal to the product of the
estimated daily rate and the number of days water service was actually terminated
at the involved premises. Estimated lost revenues shall be billed by the water
company to the borough periodically and at approximately the same time as
the water company would have billed the involved customer if water service
had not been terminated. The borough shall pay each such bill within 30 days
of receipt thereof. Upon request, the water company will provide to the borough
estimated daily rate of lost revenues for specific premises for which service
termination is contemplated.
The borough agrees to hold the water company harmless from any liability
that the water company may incur in performing or attempting to perform water
service termination and the procedures therefor in accordance with the terms
of this agreement. The borough further agrees that it will, at its sole expense,
defend and prosecute any action arising out of such performance or attempted
performance, brought against the borough, the water company or its respective
agents or employees as a result of which the water company may incur any such
liability. The water company reserves the right to retain its own counsel
at its own expense and participate independently in such proceedings.
If a dispute shall arise between the borough and the water company regarding
the cost of the water company's services hereunder, the amount of revenues
lost or the interpretation of the provisions of this or any subsequent agreement
between the water company and the borough concerning payment for such services
and lost revenues, such dispute shall be submitted by either party to the
Commission, pursuant to the Sewer Act, 53 P.S. § 2264.
This agreement shall continue until terminated by either party by not
less than 30 days' written notice to the other party.
This agreement shall take effect at the expiration of 30 calendar days
from the date when a copy thereof shall have been filed in the office of the
Secretary of the Pennsylvania Public Utility Commission, provided that if
said Commission shall, prior to the expiration of such period, institute a
proceeding under the provision of Section 507 of the Public Utility Code affecting
its validity, this agreement shall become effective only upon approval by
the Pennsylvania Public Utility Commission.
