[HISTORY: Adopted by the Borough Council of the Borough of Sayre as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Plumbing — See Ch. 133.
Sewers — See Ch. 137.
Swimming pools — See Ch. 145.
Athens-Sayre Joint Authority — See Ch. 177, Art I.
[Adopted 4-8-1988]
To initiate water service termination to a customer of the water company by reason of that customer's delinquent sewer charges payable to the borough, an authorized and responsible officer of the borough, as defined in § 167-14 herein, shall cause to be delivered to the water company a written request for termination, together with the following information and statements:
A. 
The name and address of the sewer service customers.
B. 
The address of the premises for which water service termination is sought.
C. 
A statement that sewer charges relative to such premises remain unpaid for a period of at least 30 days from the due date thereof.
D. 
A statement that the borough has fulfilled all applicable notice and procedural steps required of it by law, statute, regulations, ordinances and other authorities, including, without limitation, those mandated by the Sewer Act, 53 P.S. § 2261 et seq., and that the borough has not received written or other information the effect of which would be to make water service termination unlawful.
Upon receipt of the information specified under § 167-1 hereof, the water company will promptly either initiate its water service termination procedures or notify the borough that such procedures cannot be invoked and the reasons therefor.
The water company may decline to initiate water service termination procedures in the following instances:
A. 
The involved premises is not receiving water service from the water company.
B. 
The water company's customer at the involved premises is a different person or entity that the borough's sewer customer.
C. 
The water service to be terminated will adversely affect service to other water company customers, other premises served by the water company or its delivery system.
D. 
The water company has received verbal or written notice prohibiting or requiring deferral of water service termination.
E. 
The nature of the facilities at the involved premises makes service termination impracticable.
F. 
The water company receives advice from its legal counsel that water service should not be terminated under the particular circumstances.
G. 
Other reasons mutually agreed between the borough and the water company.
Nothing contained in § 167-3A through G above shall prohibit the water company from terminating water service to a leased premises for nonpayment of delinquent sewer service fees of a landlord, provided that applicable Public Utility Commission notifications to tenants are satisfied.
Nothing contained in this agreement shall authorize either the borough or the water company to shut off or deny service to any lessee of a property because a previous lessee failed to pay either the water or sewer service rate, rental or charges pursuant to the Sewer Act, 53 P.S. § 2261.
Under circumstances where the water company initiates its service termination procedures, it is understood and agreed that the water company will comply with all applicable notice and procedural requirements relative to water service termination contained in the Pennsylvania Public Utility Code, the rules and regulations of the Commission and the water company's rates, rules and regulations.
Exclusive of contact between the water company and its customer required to effect the termination, the borough shall conduct all interaction with the involved sewer customer, including, without limitation, negotiations for payment of arrearages and all contact regarding pretermination through posttermination procedures for dispute resolution. In addition, the borough shall prepare and deliver to the water company a statement to be attached to the water company's standard service termination notices notifying the recipient that inquiries as to the arrearage or any dispute relative thereto should be directed to a named representative of the borough at a given telephone number and that no contact should be made to the water company. In no event shall the water company accept any payment from a customer for sewer charge arrearages. Further, the borough shall cause its authorized representative to be present at the involved premises at the time of water service termination and at any time when the premises must be visited to effectuate required notices or perform service termination procedures. Such representative of the borough exclusively will conduct any conversation or other interaction with the involved customer. The decision whether or not to terminate water service shall be made by the borough representative in attendance, and the water company employee may exclusively rely upon said decision. The decision whether or not to reconnect water service shall be made by the borough representative in attendance, and the water company employee may exclusively rely upon said decision.
Concurrently with the delivery of the written request under § 167-1 above, the borough shall pay to the water company $30 per involved premises, which shall not be refundable. Said sum shall constitute payment in full to the water company for its services hereunder, including mailing required service termination notices, fulfilling required pretermination procedures, conducting service termination and restoration visits to the involved premises and completing service termination procedures. The payments specified hereunder may be amended from time to time as agreed by the parties hereto. In the event that the borough requires the water company to disconnect or reconnect a customer after its normal working hours, this will result in an additional overtime charge to the borough of $30 in addition to the original nonrefundable payment.
As to each premises for which water service is terminated hereunder, the borough shall pay to the water company the estimated loss of water revenues resulting therefrom, which shall be calculated in the same manner that the water company uses in the ordinary course of business to calculate estimated water bills. The estimated consumption per premises shall be applied to the water company's tariff rates in effect during the period, including all minimum charges and surcharges. The total estimated bill, so calculated, will be divided by the number of days in the period to determine the estimated daily rates. Estimated lost revenues shall be equal to the product of the estimated daily rate and the number of days water service was actually terminated at the involved premises. Estimated lost revenues shall be billed by the water company to the borough periodically and at approximately the same time as the water company would have billed the involved customer if water service had not been terminated. The borough shall pay each such bill within 30 days of receipt thereof. Upon request, the water company will provide to the borough estimated daily rate of lost revenues for specific premises for which service termination is contemplated.
The borough agrees to hold the water company harmless from any liability that the water company may incur in performing or attempting to perform water service termination and the procedures therefor in accordance with the terms of this agreement. The borough further agrees that it will, at its sole expense, defend and prosecute any action arising out of such performance or attempted performance, brought against the borough, the water company or its respective agents or employees as a result of which the water company may incur any such liability. The water company reserves the right to retain its own counsel at its own expense and participate independently in such proceedings.
If a dispute shall arise between the borough and the water company regarding the cost of the water company's services hereunder, the amount of revenues lost or the interpretation of the provisions of this or any subsequent agreement between the water company and the borough concerning payment for such services and lost revenues, such dispute shall be submitted by either party to the Commission, pursuant to the Sewer Act, 53 P.S. § 2264.
This agreement shall take effect at the expiration of 30 calendar days from the date when a copy thereof shall have been filed in the office of the Secretary of the Pennsylvania Public Utility Commission, provided that if said Commission shall, prior to the expiration of such period, institute a proceeding under the provision of Section 507 of the Public Utility Code affecting its validity, this agreement shall become effective only upon approval by the Pennsylvania Public Utility Commission.
The only authorized and responsible officers of Sayre Borough to be authorized by the water company as the authority from Sayre Borough to terminate and reconnect the water service shall be the following:
A. 
The Borough Council President;
B. 
The Borough Secretary; or
C. 
The Borough Manager.