Editor’s note: Attorneys from McNees Wallace & Nurick represented the borough of Middletown in the matter discussed below.
On Dec. 30, 2014, the borough of Middletown in Dauphin County closed on a 50-year lease of its water and sewer system. Pursuant to this public-private partnership, United Water will operate, maintain and manage the system, but Middletown will retain ownership of the assets even after the contract term. Middletown’s lease of the system—often referred to as a “concession” in the industry—is the culmination of a years-long process to fashion a novel solution to the borough’s substantial pension shortfall and avoid painful property tax increases or electric rate increases on borough residents. The borough’s selection of United as its system operator followed an open bidding process that attracted multiple suitors.
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