Spanish Fork City Utility and Communication Service Agreement
This Agreement is between Spanish Fork City and the undersigned Customer for the provision of municipal utility and communication services. Services may include electric, water, pressurized irrigation, sewer, storm drain, garbage, recycle, internet, television, and telephone.
Customer authorizes the City to provide utility and communication services to the service address listed on the application. All services are provided in accordance with Spanish Fork City ordinances, policies, and rate schedules as established by the Spanish Fork City Council and applicable state and federal regulations. Rates and policies may be amended by ordinance or resolution of the City Council.
Customer agrees to pay all charges associated with services provided by the City, including monthly service charges, installation charges, equipment fees or deposits, and applicable taxes or government surcharges. Payments are due according to the City’s billing policies. Failure to pay charges when due may result in late fees, service disconnection, or collection action as permitted by City policy and Utah law. Returned payments may be assessed a fee up to the maximum amount allowed by law. Customer agrees to pay all reasonable collection costs, court costs, and attorney’s fees incurred by the City in collecting unpaid balances.
The City may notify a landlord or Property Owner of any disconnection of utilities at the premises or inquire with Property Owner whether the premises have been vacated. Such notice may be necessary due to usage decline or account delinquency.
Customer grants the City and its authorized representatives reasonable access to the property for purposes including installation of utility or communications facilities, meter reading, maintenance, repair, upgrades, and removal or replacement of City equipment. Customer agrees not to obstruct or interfere with City equipment or infrastructure.
For communications services, the City may install wiring, fiber, network equipment, or related facilities necessary to provide service. Installation locations will be reasonably coordinated with the Customer. If the Customer requests relocation of installed equipment or wiring after installation, the Customer may be responsible for associated costs. Once installed, the City is not responsible for removing wiring or facilities if service is later terminated.
All equipment provided by the City or SFCN remains the property of Spanish Fork City. Customer agrees to protect equipment from damage, theft, or misuse and not to tamper with, alter, or repair City equipment. Customer may be charged the replacement cost of equipment that is lost, stolen, damaged, or not returned.
For telephone services, Customer must provide accurate service address information to allow proper E-911 emergency services registration. Customer acknowledges that telephone service, including 911 calling, may not function during power outages or internet disruptions and that service must be used at the registered service address for accurate emergency location information. Customer is responsible for providing accurate address information.
The City will make reasonable efforts to provide reliable service; however, service interruptions may occur due to equipment failures, maintenance activities, weather events, power outages, network disruptions, or other circumstances beyond the City’s control. The City will make reasonable efforts to restore service as quickly as practical.
Communications services provided through SFCN must be used only for lawful purposes. Customer may not resell services without written permission from the City or use services in a manner that interferes with the network or other users.
Services are provided on an “as available” basis. The City makes no warranties, express or implied, including warranties of merchantability or fitness for a particular purpose. The City’s liability for service interruptions is limited to a credit or refund for the period during which service was unavailable, if applicable. The City will not be liable for indirect, incidental, or consequential damages including lost profits or business losses.
Customer agrees to release and hold harmless Spanish Fork City from liability related to installation of utilities or communications equipment on the premises except in cases of gross negligence or willful misconduct by the City. The City is not responsible for failure to provide service when such failure is caused by events beyond its control including natural disasters, weather conditions, power failures, labor disputes, government actions, vandalism, or network damage.
Customer may not transfer or assign this Agreement without the City’s consent. This Agreement is governed by the laws of the State of Utah. If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions will remain in full force and effect.