Q May a municipality enter into an agreement with another municipality for the provision of utility service which includes a provision for the municipality without existing utility service to pay a fixed fee based on the active number of connections, and how should the municipality collect delinquent bills if the municipality does not actually control the supply of the utility?

A Yes, the municipality is authorized to enter into an agreement with another municipality which includes a fixed fee for the provision of services. The municipality is entitled to discontinue service for nonpayment of a just bill after giving notice and an opportunity to be heard to its utility customer. The municipality may contract with a private attorney or private collection agency for the purpose of collecting delinquent utility payments. The municipality may also rely on Section 17-25-13 as a method of enforcement. Section 17-25-13 expressly states that a water service provider must refuse to provide water sewer services to a new customer when said customer is delinquent on the payment of an undisputed bill to another water sewer service provider in this state. (Attorney General’s Opinion to Harris, March 23, 2018).