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CITY OF PIKEVILLE, KENTUCKY SEWER USER AGREEMENT FOR ALTERNATIVE SEWER SYSTEM
User Phone No:
This agreement entered into between whose address is hereinafter called "user" and CITY OF PIKEVILLE, KENTUCKY, hereinafter called "City."
Witnesseth
Whereas, the user desires to have the City install and the user to utilize an alternative sewer system approved by the City, and to enter into a sewer user's agreement as required by the Policies to the City:
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:
The City shall install and maintain an alternative sewer system that has been approved by the Pike County Health Department and the City, subject to the limitations set out in the City’s Rules, Regulations and Ordinances now in force or as hereafter amended, a sewer system in connection with user's occupancy to the following described property:
The user agrees to grant to the City, its successors and assigns, a perpetual easement in, over, through, under, and upon the above described land, with right to erect, construct, install, and lay, and thereafter use, operate, inspect, repair, maintain, replace, and remove sewer lines and appurtenant facilities, together with the right to utilize adjoining lands belonging to the user for the purpose of ingress to and egress from the above described lands.
The user hereby agrees to utilize an alternative sewer system (fusion, aerator, conventional septic tank or other) approved by the City and the Pike County Health Department. The connection fee for the sewer system is . Additionally, all new sewer users (residential, commercial, and business) will be required to obtain and pay for a permit from the Pike County Health Department prior to installation of the alternative sewer system and pay for a state inspection fee. THE ALTERNATIVE SEWER SYSTEM WILL BECOME PROPERTY OF THE CITY.
The user agrees to comply with and be bound by the Rules, Regulations and Ordinances of the City, now in force, or as hereafter duly and legally supplemented, amended or changed. The user also agrees to pay sewer charges at such rates, time and place as shall be determined by the City, and agrees to the imposition of such penalties for noncompliance as are now set out in the City's Rules, Regulations and Ordinances, or which may be hereafter adopted and imposed by the City. The monthly rates will be reasonable and the user shall comply with all rates, rules and regulations adopted by the City.
The City shall have final decision making authority related to the location of the alternative sewer system, and may shut off water service to any user who allows a connection or extension to be made to the City's sewer line or appurtenances for the purpose of supplying sewer service to another user.
The user recognizes that an alternative sewer system is being installed and, accordingly agrees that they will not permit any foreign objects or concentrated chemicals to be introduced into the sewer system. The City is responsible for the installation and routine maintenance of the alternative system; however, if after inspection of a problem, it is found that improper items were put into the sewer system by the user, the user shall be billed for necessary repairs.
User also agrees that the installation of electric service and routine monthly charges from any power company associated with any electrical component of the sewer system shall be supplied by and paid for by the user. The user will allow the City to connect the electrical components of its alternative sewer system to the user's electric service facilities when the system is installed.
The user shall install and maintain, at user's expense, service connection lines to the alternative system on user's property and all other devices necessary to deposit user's waste stream into the City's alternative system. Service line material and installation must be in accordance with the State Plumbing Code as administered by the Division of Plumbing, Department of Housing, Building and Construction. Any and all work on the customer's side shall be inspected by an appropriate representative of the Pike County Health Department before the service line is backfilled. The user shall keep the service line and appurtenances in good working condition at all times and keep any surface water infiltration from entering the City's sewer system. The user shall not deposit sewage in such a manner as to cause unusual fluctuations or disturbances in the City's system. The City will use reasonable diligence in supplying sewer service, but shall not be liable for breach of contract in the event of injury, damage to persons or property, or for loss resulting from interruptions in service. The service connection supplied by the City to the user has a limited and specific capacity, and no addition to the equipment or load connection thereto will be allowed except with specific consent of the City. Failure to give notice of additions or changes in load and to obtain the City's consent for same, shall render the user liable for any damage to the City's lines or equipment caused by the additional or changed installation.
The user shall connect sewer service lines to the City's Alternative System and shall commence to use sewer services of the system on the date the sewer system is made available to the user by the City. Sewer user charges to the user shall commence on the date service is made available, regardless of whether or not the user connects to the system.
It is mutually understood and agreed that the failure to pay sewer service charges pursuant to this agreement shall result in the automatic imposition of the following penalties:
1. Non-payment by the due date will be subject to a penalty of five (5%) percent of the delinquent amount.
2. Non-payment by the first day of the month after the current utility bill is received will result in the user's water service being disconnected by the City.
3. In the event it becomes necessary for the City to shut off the water from a user's property, a fee of $40.00 will be charged for reconnection of the service within 24 hours of cutoff or a fee of $30.00 for reconnection within 72 hours of cutoff. The user will also be required to pay all delinquent accounts in full, unless otherwise agreed to in writing, prior to water service being restored.
IN WITNESS WHEREOF, we have executed this agreement on the day of , 20
USER (Printed Name) USER Signature
By
CITY OF PIKEVILLE Title of Authorized Signatory
(Ord. 0-2010-008, passed 3-30-10)
All persons or businesses requesting gas, water or sewer service will be required to fill out, sign and execute the agreement under this section.
CITY OF PIKEVILLE, KY UTILITY SERVICE AGREEMENT CONCERNING GAS, WATER AND SEWER SYSTEM FOR CUSTOMER
This Agreement Concerning Water and or Sewer System for Customer Service is entered into by and between The City of Pikeville (the “CITY”) and (“CUSTOMER”) for sanitary sewer service to the property located at (“Property”).
Please Check The Box That Applies:
“WATER” “SEWER” “GAS”
WHEREAS, the CITY owns, operates and maintains a natural gas, water and sanitary sewer system from which CUSTOMER desires to obtain sewer service; and
WHEREAS, for sewer customers the elevation and/or slope of the Property in relation to the location of the City’s sanitary sewer system requires the installation of a either a gravity system or pressure sewer system commonly known as a grinder pump system (“Grinder Pump”) in order to transport CUSTOMER’S sewage to the CITY’S sanitary sewer system; and
WHEREAS, the CITY'S gas, water and or sanitary system is regulated by the “rules and regulations” set forth by the City's Code of Ordinance under Chapter 54; and
WHEREAS, the CITY only allows gas, water or sewer service to a CUSTOMER property through the terms and conditions set forth by the execution of this agreement; and
WHEREAS, the CUSTOMER does desires to connect to the CITY'S gas, water and or sanitary sewer system to receive water and or sewer service from the CITY;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the CITY and CUSTOMER agree as follows:
1. As a condition to initiation and continuation of water and or sanitary sewer service to CUSTOMER by the CITY;
a. The CUSTOMER agrees to grant to the CITY, its successors and assigns, a perpetual easement in, over, through, under and upon the above described land, with the right to erect, construct, install and lay and thereafter use, operate, inspect, repair, maintain, replace, and remove gas, water or sewer lines and appurtenant facilities, together with the right to utilize adjoining lands belonging to the user for the purpose of ingress to egress from the above described lands.
b. For Sewer Service the CITY shall be responsible for the maintenance of that portion of the service lateral installed by the CITY and the CUSTOMER shall be responsible for the maintenance of that portion thereof installed by the consumer on gravity systems. On pressurized system, the customer shall be responsible for that portion of sewer lateral beyond the grinder station. The CITY shall be responsible for the maintenance and replacement of all grinder pump equipment used in connection with its pressurized sewer system with the exception of malfunctions caused by abuse on the part of the customer, including, but not limited to, subjecting the system to excessive amounts of grease or the disposal of improper or foreign items.
c. The CUSTOMER hereby agrees to connect to the water and or sewer system of the CITY. The top-on fee of the sewer system is $ . A State inspection fee payable to the Kentucky State Treasure of $ will be charged (residential) at the time of connection (all businesses must obtain permits at the Pike County Health Department).
d. The CUSTOMER agrees to comply with and is bound to and by the CITY'S Utility Rules and Regulations as listed and adopted by the Pikeville City Commission under Chapter 54 of the City's Code of Ordinances.
e. The CITY shall have final authority on any questions of location of any service line connection to its gas, water and or sewer system, and may shut off services to a user who allows a connection or extension to be made to such sewer lines for the purpose of supplying water and or sewer service to another user.
f. For sewer systems the CUSTOMER agrees that the CITY shall have the right to stop any discharges from the Grinder Pump in order to prevent contamination of state waters.
g. For sewer system the Customer agrees that the CITY and its representatives shall have the right to enter the CUSTOMER'S property to operate, maintain and repair water systems, gravity systems or Grinder Pump systems on behalf of the CUSTOMER, as well as to stop discharge from the Grinder Pump in order to prevent contamination of waterways.
2. The CITY and CUSTOMER agree that the Grinder Pump shall be regarded as an integral component of the CITY'S sanitary sewer system and not as a part of the home plumbing for the Property.
3. The CUSTOMER agrees to pay all fees and charges as set forth by the CITY as outlined in the CITY'S Rate ordinance and Rules and Regulations and understands the CITY'S rates and or Rules and Regulations may be amended from time to time.
4. The CUSTOMER acknowledges and agrees that failure of CUSTOMER to pay all costs associated with the operation and maintenance of the Grinder Pump as set forth in this agreement or the CITY'S Rates and Rules and Regulations or failure of CUSTOMER to allow the CITY and its representatives to enter CUSTOMER'S property, as set forth in Section 1.g. above, shall be grounds for the disconnection of gas, water and wastewater service to the Property.
5. This Agreement shall be performable in Pike County, Kentucky which county shall be the exclusive place for venue for any disputes arising under the Agreement.
6. Any amendments to this Agreement must be in writing and signed by both the CITY and the CUSTOMER.
7. This Agreement is not assignable by CUSTOMER. Upon termination of service to the Property, any new customer desiring to receive gas, water and/or wastewater service from the CITY shall be required to execute their own service agreement.
8. CUSTOMER AGREES TO INDEMNIFY AND HOLD HARMLESS THE CITY, ITS OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES FROM ANY CLAIMS OR DAMAGES ASSOCIATED WITH OR ARISING FROM DESIGN, OPERATION OR MAINTENANCE OF THE GRINDER PUMP.
9. For sewer grinder systems the Grinder Pump will be powered by CUSTOMER’S home electrical system. In the event power service to the Grinder Pump is disrupted, CUSTOMER shall be responsible for taking measures to prevent the backup of wastewater on the Property. All connection shall comply with the state electric code at uses cost.
10. By signing this agreement CUSTOMER agrees that all information given below is accurate and true and understands any false information given may result in disconnection of service and any balance from the CUSTOMER on a previous account must be paid in full before new service can be connected.
CUSTOMER SIGNATURE:
CUSTOMER Signature Date Executed
APPLICATION INFORMATION REQUIRED
Name: Spouse
Last First Middle Last First Middle
S.S.# S.S.#:
Drivers License #: Drivers License #:
Employer: Employer:
Work Phone: Work Phone:
Mailing Address:
Home Phone: Cell Phone:
Service Address:
Building Type: Apartment Business Condo/Townhouse Single Family Multifamily
Rent? Own?
Landlord's Name?
Address?
For Official Use ONLY
Account Number:
If deposit or service charge is required list the amount: $
For which account: Water Gas
(Ord. 0-2010-001, passed 1-25-10; Am. Ord. 0-2013-001, passed 1-14-13)
UTILITY CONSTRUCTION REQUIREMENTS
(A) No person, partnership, public or private corporation or other governmental agency or combination thereof shall begin the construction of any plant, equipment, property or facility for the furnishing to the public of water services or natural gas services or sanitary sewage disposal services within the corporate limits of the city or extensions of such existing systems within the corporate limits of the city without first obtaining the approval and waiver of the city.
(B) Any person, partnership, public or private corporation or other governmental agency who has obtained the right and authority to construct any plant, equipment, property or facility for furnishing to the public of any water services, natural gas services or sanitary sewer disposal services shall prior to construction of the same within the corporate limits of the city submit to the City Engineer its plans and specifications, certified by an engineer or architect. The designs and plans must conform with the existing utility construction regulations adopted by the city. Before commencing construction, the City Engineer must certify that the construction of any such plant, equipment, property, facility or extension of the same does conform with the city’s existing utility construction regulations.
(Ord. 0-92-009, passed 4-27-92; Am. Ord. 0-2008-005, passed 1-14-08)
UTILITY SPECIFICATIONS AND REGULATIONS
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