This payment is to guarantee any and all indebtedness for water and/or sewer service which may be or become due to the City of Port St. Lucie Utilities Systems Department, its agents or employees (hereinafter called "Utility"), and by the Customer. Customer agrees that this Deposit, or any portion thereof, may be applied in discharge of any indebtedness of Customer to Utility. The Customer herein agrees that it is responsible for all service charges to the service address, until a request in writing for termination of service is provided to the City. Upon discontinuance of service covered by this Deposit and the presentation of this Receipt and proper identification, Utility agrees to refund to Customer the Deposit, less any amounts due Utility. Prior to the transfer of any service account to a new owner of the (serviced) property, the Customer agrees to provide Utility a copy of the Closing Statement.
This Deposit shall not preclude Utility from discontinuing for nonpayment, the service covered by this Deposit, regardless of the sufficiency of said Deposit to cover any indebtedness for such service.
Customer agrees to abide by all existing rules and regulations of the Utility and any amendments thereto. Copies of the rules and regulations and amendments are available for inspection at the City Clerk's Office.
Customer agrees that Utility shall, at all times, have access to Utility's lines, meters, and Suburbanaer (pressure sewer system), and the areas where such facilities are located will be kept free of shrubbery, trees, fences, interference from any pets and other obstructions. Customer agrees that it shall hold Utility harmless, and Utility shall not be liable for any damage or injury alleged to have occurred to real property, persons, or pets by the Utility conducting inspections and repairs to Utility lines, meters, and Suburbanaer (pressure sewer system).
Customer agrees that all bills for water and/or sewage charges will be paid within twenty (20) days of mailing. After five (5) days written notice if not so paid, Utility will have the right to disconnect service and charge a reasonable fee for reconnecting.
It is further understood and agreed that the sale of water to Customer occurs at the meter, and Utility has no responsibility relative to service or supplying water after the water passes through the meter. It is the Customer's responsibility to insure that all plumbing past the meter is shut off prior to the water service being activated. Utility's responsibility to gravity sewer service ceases at Customer's property line, and Utility's responsibility relative to Suburbanaer (pressure sewer system) ceases at the point at which the house lateral enters the Suburbanaer unit.
Sec. 61.04. General terms and conditions regarding water, wastewater, and reclaimed water.
(a) Access to premises. The duly authorized agents of the city shall have access to the premises of the customer for the purpose of installing, maintaining, inspecting, or removing the city's utility facilities or the performance under or termination of the subject property's utility service agreement and under such performance shall not be liable for trespass. In some cases, access to the interior of the premises may be required and shall not be unreasonably denied.
(b) Billing periods. Bills for water, wastewater and/or reclaimed water service will be rendered monthly as stated in the rate schedule and shall become due when rendered and be considered as received by the customer when delivered or mailed to the service address or some other place mutually agreed upon. Non-receipt of bills by the customer shall not release or diminish the obligation of the customer with respect to payment thereof.
(1) Adjustment of bills. When a customer has been overcharged or undercharged as a result of incorrect application of the rate schedule, incorrect reading of a water, wastewater or reclaimed water meter, or other similar reasons, the amount may be credited or billed to the customer in accordance with the policies of the city.
(2) Delinquent bills. Bills are due and payable when rendered and become delinquent if not paid within 20 days after the bill has been mailed or presented to the customer for payment. Water, wastewater, and reclaimed water service may then be discontinued only after a written notice has been mailed or presented within five working days to the customer of the delinquency in payment. Water, wastewater, and reclaimed water service shall be restored only after the city has received payment for all past due bills and reconnect charges from the customer. There shall be no liability of any kind against the city for the discontinuance of water, wastewater, and reclaimed water service to a customer for that customer's failure to pay the bills on time. Partial payment of a bill of the water, wastewater, and reclaimed water service rendered will not be accepted by the city, except by the city's written agreement thereof.
(3) Payment of water and wastewater service bills concurrently. When both water and wastewater service are provided by the city, payment of any wastewater service bill rendered by the city to a customer shall not be accepted by the city without the simultaneous or concurrent payment of any water service bill rendered by the city. The city may discontinue both water service and wastewater service to the customer's premises for nonpayment of the wastewater service bill or water service bill or if payment is not made concurrently. The city shall not reestablish or reconnect wastewater service and/or water service until such time as all wastewater and water service bills and all charges are paid.
(d) Change of customer's installation. No changes or increases in the customer's installation, which will materially affect the proper operation of the city's utility facilities shall be made without written consent of the city. The customer shall be liable for any change resulting from a violation of this rule.
(e) Change of occupancy. When a change of occupancy takes place on any premises supplied by the city with water and wastewater service, written notice thereof shall be given at the office of the city not less than three days prior to the date of change by the outgoing customer. The outgoing customer shall be held responsible for all water and wastewater service rendered on such premises until such written notice is so received by the city and the city has had reasonable time to discontinue the water and wastewater service. However, if such written notice has not been received, the application of such a succeeding occupant for water and wastewater service will automatically terminate the prior account. The customer's deposit may be transferred from one service location to another, if both locations are supplied water and wastewater service by the city. The customer's deposit may not be transferred from one person's or entity's name to another. Notwithstanding the above, the city will accept telephone orders, for the convenience of its customers, to discontinue or transfer water and wastewater service from one service address to another and will use all reasonable diligence in the execution thereof. However, oral orders or advice shall not be deemed binding or be considered formal notification to the city. In all cases, the responsibility for accounts for unoccupied premises shall default to the owner of record and base facility charges shall be due and payable each month.
(f) Continuity of service. The city will at all times use reasonable diligence to provide continuous water, wastewater, and reclaimed water service and, having used reasonable diligence, shall not be liable to the customer for failure or interruption of continuous water, wastewater, and reclaimed water service. The city shall not be liable for any act or omission caused directly or indirectly by strikes, labor trouble, accidents, litigation, breakdowns, shutdowns for emergency repairs or adjustments, acts of sabotage, enemies of the United States, wars, United States, state, municipal or other governmental interferences, acts of God or other causes beyond its control.
(g) Limitation of use. Water, wastewater, and reclaimed water service purchased from the city shall be used by the customer only for the purposes specified in the application for water, wastewater, and reclaimed water service.
(h) Obtaining Service. Water, wastewater, and reclaimed water service capacity may be furnished only after an original signed application and/or agreement and payment of the applicable water, wastewater, and reclaimed water capital charges are accepted by the city. The applicant shall furnish to the city the correct name and street address, and/or property legal description at which water, wastewater, or reclaimed water service is to be rendered.
(i) Protection of utility facilities. The customer shall exercise reasonable diligence to protect the city's property on the customer's premises. No one, but the city's agent or persons authorized by law, shall knowingly have access to the city's utility facilities. In the event of any loss or damage to the city's property caused by or arising out of carelessness, neglect, or misuse by the customer, the cost of making good such loss or repairing such damage shall be paid by the customer.
(j) Tax clause. Any tax which may be levied upon the city's water, wastewater or reclaimed water system shall not be incorporated into the rate for water, wastewater or reclaimed water service but shall be shown as a separate item on the city's bills to its customers receiving such service.
(k) Type and maintenance. The customer's pipes, apparatus and equipment shall be selected, installed, used and maintained in accordance with standard practice and shall conform with the rules and regulations of the city. The city shall not be responsible for the maintenance and operation of the customer's pipes and facilities. The customer expressly agrees not to utilize any appliance or device which is not properly constructed, controlled and protected, or which may adversely affect water, wastewater or reclaimed water service provided by the city. The city reserves the right to discontinue or withhold water, wastewater, and reclaimed water service to such apparatus or device.
(l) Unauthorized connections. Connections to the city's water, wastewater, or reclaimed water system for any purpose whatsoever are made only by employees of the city. Any unauthorized connections to the customer's water, wastewater or reclaimed water service shall be subject to immediate discontinuance without notice. Water wastewater, or reclaimed water service shall not be restored until such unauthorized connections have been removed and until settlement is made in full to the city for all water, wastewater or reclaimed water service estimated by the city to have been used by reason of such unauthorized connection.
(m) Withholding service. The city may withhold or discontinue water, wastewater and/or reclaimed water service rendered under application made by any member or agent of a household, organization, or business unless all prior indebtedness to the city of such household, organization, or business for water, wastewater, and reclaimed water service has been settled in full in accordance with city policy. Service may also be discontinued for any violation of any rule or regulation governing the city's utility systems.
(Ord. 94-44, passed 9-26-94; Am. Ord. 03-109, § 2, 8-25-03; Am. Ord. 12-48, § 3, passed 9-24-12; Am. Ord. 12-48, § 3, passed 9-24-12)