Water, Sewer & Sanitation Agreement
Town of Midwest Water,
Sewage, And Sanitation Agreement
THIS AGREEMENT, entered into between the Town of Midwest, a municipality hereinafter referred to as the “Town”, and
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a subscriber for water, sewage, and sanitation service hereinafter referred to as “Subscriber”.
WITNESSETH
Whereas, Subscriber desires to purchase water, sewage, and sanitation service agreement as required by the Ordinance, and Rules and Regulation governing the operation of Town’s water, sewage, and sanitation systems.
NOW THEREFORE, in consideration of the mutual covenants, promises, and agreements herein contained, it is hereby understood and agreed by the parties hereto, as follows:
Town shall furnish, subject to the Ordinances, and Rules and Regulations now in force as hereinafter amended, such quantity of water as Subscriber may desire in connection with Subscriber’s occupancy of the following described property.
Subscriber shall be responsible for service stops, service boxes and other appurtenances which allow for water service to be provided to their property, and shall properly maintain these facilities and prevent all unnecessary waste of water, provided that consumers shall not dig up town streets and sidewalks unless instructed to do so by the town. The service line shall connect to the distribution system of Town at the nearest place desired by Subscriber, provided the Town has determined in advance the system is sufficient in capacity to permit delivery of water at that point.
Town shall have final authority in any question of location of any service line connection to its distribution system. Town may shut off water to Subscriber who allows a connection or extension to be made to his service line for the purpose of supplying water to another user.
Subscriber agrees not to make any connection to or uncover or open any municipal water line without first obtaining a permit or authorization from the Town.
Subscriber’s service lines shall be connected to Town’s distribution system by Town and Subscriber shall commence to use water from the system on the date it is made available. Water charges to Subscriber shall commence on the date service is made available.
Subscriber agrees to pay a deposit fee in the amount of $175.00, which may be paid with the water bill in three installments. In the event service to Subscriber is terminated, either voluntarily by Subscriber or by Town for cause, the deposit shall be held by Town and applied to any unpaid balance then owing to Subscriber account. Should the account be fully paid at the time of termination of said services to Subscriber, the deposit shall be refunded by Town within a reasonable period of time thereafter.
Town reserves ownership of and shall have exclusive right to use the water meter installed to measure water supplies to Subscriber’s premises. Subscriber agrees unless authorized by Town, not to change, modify, alter, or in any way, manner or form, tamper with any water meter installed on Town’s water system.
Subscriber acknowledges that the owner of every building, premises, lot, or house shall be liable for all water, sewage, and sanitation services delivered to or taken from and used upon his premises, which liability may be enforced by the Town by action at law to enforce payment.
If Subscriber is a property owner leasing their property to tenants, Subscriber agrees to have the water, sewage, and sanitation accounts for the leased premises registered in their names and as of the date said account is registered in the owner’s name said owner will be responsible for payment of water, sewage, and sanitation services delivered to their leased property.
Failure of a subscriber to pay water, sewage, and sanitation charges duly imposed shall result in automatic imposition of the following penalties:
1. All accounts will be due by the 15th of each month. Nonpayment will be subject to a penalty of 10% of the delinquent account.
2. Nonpayment within thirty (30) days from the due date will result in the water service being shut off from the Subscriber’s property.
3. In the event water is shut off due to nonpayment, the Subscriber must pay the delinquent bill and pay a $25.00 reactivation fee to have services restored.
4. In the event water service is discontinued the sanitation receptacle will be removed.
Town shall determine the allocation of water to a Subscriber in the event of a water shortage. In the event the total water supply shall be insufficient to meet all of the needs of the Subscriber, or in the event there is a shortage of water, the Town may prorate the water among the Subscribers on the basis as is deemed equitable by the Town and may also prescribe a schedule of hours covering use for outdoor purposes.
Priority will be given to insuring that all of the water needs of Subscribers for domestic purposes will be met first, water needs for livestock purposes second and water for outdoor purposes third.
Subscriber agrees to comply and be bound by the Ordinances, Rules and Regulations governing the operation of Town’s water system, now in force or as hereinafter amended and agrees to the imposition of such penalties for noncompliance as are now set out in the Ordinances, Rules and Regulations of Town or which may hereafter be adopted and imposed.
IN WITNESS WHEREOF, we have executed this agreement this
_________day of _______________, 20____
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Subscriber
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Mayor/or Town Clerk