Water User’s Agreement

  • FRANKLIN COUNTY WATER ASSOCIATION, INC.

    WATER USER'S AGREEMENT

    Revised 7/1/2016

    This Agreement, between the Franklin County Water Association. Inc. a non-profit corporation, organized and existing under and by virtue of the laws of the State of Indiana, hereinafter called the Supplier and (enter your name below) a member of the Supplier hereinafter called the User:

  • W I T N E S E T H

    WHEREAS, the User desires to purchase farmstead, commercial, domestic water from the Supplier, and to enter into a water user's agreement as required by the by-laws of the Supplier.

    NOW THEREFORE, in consideration of the mutual covenants, promises, and agreements herein contained, it is hereby understood and agreed:

    The Supplier shall furnish, subject to the limitations hereinafter provided for, such quantity of water for domestic and farmstead purposes as the User may desire in connection with his occupancy of the following-described property:

  • The User shall install and maintain at his own expense a service line which shall begin at the meter and extend to the dwelling or place of use. The service line shall connect with the distribution system of the Supplier at the nearest place of desired use by the User, provided the Supplier has determined in advance that the system is of sufficient capacity to permit delivery of water at that point.

    The Supplier has provided a dual check valve in the meter pot, to protect the water system against potential contamination from back flow in the event of a pressure surge that would result from a line rupture. This may result in the pressure surge occurring at the Customer’s water heater instead. The Customer understands and agrees that it is their responsibility to install an expansion tank in their line to absorb such pressure surge.

    The User agrees to pay for water at such rates, time, and place as shall be determined by the Supplier, and agrees to the penalties for non-compliance with the above as set out in the current Rules and Regulations.

    In addition to any connection fee established by the Supplier, the User agrees to pay a membership fee that shall represent user's interest in the Association, in the amount of $75.00. The membership fee shall be held and applied by the Supplier to the payment of the account of the User, should service to the User be terminated either voluntarily by the User or involuntarily by the Supplier. Should the account be fully paid at the time of termination of service to the User, the Supplier shall refund the membership fee within a reasonable time thereafter.

    The Supplier shall tap the main for each service, install a cutoff valve and a water meter. The water meter shall be placed on the User's property immediately adjacent to his property line at a point agreed upon between the User and the Supplier. The Supplier shall retain ownership of and have exclusive right to use such cutoff valve and water meter and to turn it on and off. In the event that the pressure of the water delivered at that point is higher than is desirable, recommended, or acceptable, the user shall be responsible for installing and maintaining a pressure regulator to reduce the pressure to the desired level.

    The Supplier shall have final jurisdiction in any allocation of water to Users in the event of a water shortage, and may shut off water to a User who allows a connection or extension to be made to his service line for the purpose of supplying water to another user. In the event the total water supply shall be insufficient to meet all of the needs of all Users, or in the event there is a shortage of water, the Supplier may prorate the water available among the various Users on such basis as is deemed reasonable and fair by the governing Board of the Supplier, with equitable adjustments in charges therefore, may also prescribe a schedule of hours covering use of water for lawns, gardens and for other usage not of essential nature, and may require adherence thereto or prohibit the use of water for such purposes; provided that, if at any time the total water supply shall be insufficient to meet all of the needs of all of the Users, the Supplier must first satisfy all of the needs of all Users for domestic purposes before supplying any water for livestock purposes and must satisfy all the needs of all Users for both domestic and livestock  purposes before supplying any water for gardens, lawns and non-essential high usage.

    The User agrees to comply with the requirement of the Indiana State Board of Health that no other present or future source of water will be connected to any waterlines served by the Supplier's waterlines, except from a water source and through a protective device both approved by the State Board of Health, and will disconnect from his present water supply prior to connecting to and switching to the Supplier's system unless such supply and connection is approved by the Board of Health.

    The User shall connect his service lines to the Supplier's distribution system at the Supplier's meter, and shall commence to use water from the system on the date that the water is made available to the User by the Supplier, or, if no water is used for a period following such date, shall pay the equivalent of a minimum charge for each month following the date on which the Supplier installs the User's meter, or on which this Agreement is signed, whichever is later. Water charges to the User shall commence on the date that the service is made available.

    The member agrees that representatives of the Franklin County Water Association, Inc. shall be assured safe access onto their property at all reasonable hours for the purpose of reading the meter and completing repairs. The member agrees that (s)he will not interfere with the Association’s employees or representatives sent to his or her property for said purpose.

    In the event the User shall breach his contract by refusing or failing, without just cause, to pay a minimum water rate as established by the Supplier, upon the occurrence of said event the User agrees to pay to the Supplier all monthly charges in arrears not adequately covered by the membership fee, plus a lump sum of Three Hundred Dollars ($300.00) as liquidated damages. It is expressly understood and agreed by the parties hereto that the said amount is agreed upon as liquidated damages in that a breach by the User in either of the respects set forth above would cause serious and substantial damages to the Supplier; and it will be difficult, if not impossible, to prove the amount of such damages. The parties hereto have computed, estimated, and agreed upon said sum in an attempt to make reasonable forecast of probable actual loss because of the difficulty of estimating with exactness the damages which will result.

    The member acknowledges and accepts responsibility for any and all damages to property, whether real or personal, caused by inadequate or excessive water pressure or any damage that can be attributed to the regulation of water pressure into the member’s home. The member further acknowledges that damages due to equipment failure, leaks or other similar problems arising on the member’s property is the responsibility of the member.

    The failure of a User to pay water charges duly imposed shall result in the automatic imposition of the following penalties:

    1. Non-payment within ten days from the due date will be subject to a penalty of ten (10) percent of that part of the delinquent account which does not exceed $3.00 plus three (3) percent of any delinquent amount in excess of $3.00.
    2. Non-payment within thirty days from the due date will result in the water being shut off from the User's property.
    3. Non-payment for sixty days after original due date will allow the Supplier, in addition to all other rights and remedies, to purchase the User's Membership Certificate and terminate this Agreement and, in such event, the User shall not be entitled to receive, nor the Supplier obligated to supply, any water under this Agreement. If the User thereafter pays all water charges in arrears, all penalties charged against him, and the re-installation fee provided in the Supplier's Rules and Regulations, he may re-purchase his Membership Certificate and he shall then be entitled to a resumption of water services subject to all regulations of the Supplier.

    In the event it becomes necessary for the Supplier to shut off the water from a User's property, a fee of  $150.00 will be charged for a reconnection of the service.

     

    IN WITNESS WHEREOF, we have hereunto executed this agreement this ________  day of ­­­­­­­ _________________,   20________.

     

    SUPPLIER:___________________________________________________

    (SEAL)



  • ATTEST:


    Jennifer Kolb, Secretary


    Jerry Hesselbrock, President

  • Date Format: MM slash DD slash YYYY