(A) Indiana American Water, as the water utility providing water to users of the town’s sewage works, will discontinue water service to delinquent users of the town’s sewage works until payment of all overdue user fees, together with any applicable penalties, are received by the town.
(B) If a fee established by the town and charged to users of the town’s sewage works is not paid within one monthly billing cycle after it is due, the Town Council or its designee shall send notice to the delinquent user stating:
(1) The delinquent amount due, together with any penalty;
(2) Water service may be disconnected if the user continues not to pay the delinquency and any penalty; and
(3) The procedure for resolving disputed bills.
(C) If the user fails to pay the delinquent amount or otherwise resolve the charges as specified, the Town Council or its designee shall give written notice to Indiana American to discontinue water service to the premises designated in the notice until notified otherwise. The notice must identify the delinquent user in enough detail to enable Indiana American to identify the water service connection that is to be discontinued.
(D) Upon receipt of the notice, the Indiana American will disconnect water service to the user.
(E) Water service may not be shut off under this section if a local board of health has found and certified to the town that the termination of water service will endanger the health of the user and others in the town.
(F) Indiana American does not incur any liability for discontinuing water service in accordance with a notice from the town, except to the extent of its own negligence or improper conduct.
(G) If Indiana American does not discontinue service within 30 days after receiving notice from the town, it is liable for any user fees incurred 30 days after receipt of notice to discontinue water service and that are not collected from the user.
(H) A delinquent user of the town’s sewage works may dispute a bill by submitting to the town’s Clerk-Treasurer a written objection or in an informal meeting, during regular business hours, with the town’s Clerk-Treasurer or designated representative who will be authorized and empowered to correct incorrect charges or at any regular meeting of the Town Council.
(I) Payment of a disputed bill and penalties by a user does not constitute a waiver of rights to subsequently claim and recover from the town sums improperly charged to that user.
(Res. 2154, passed 6-5-2012)