§ 54.07  UTILITY SERVICE AGREEMENT.
   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)