§ 54.06  SPECIAL UTILITY SERVICE AGREEMENT FOR FUSION UNITS.
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)