1983 013 Ordinance - Laserfiche WebLink

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WATER SERVICE ACREEMENT FOR DIREGT SERVICE THIS AGREEMENT is made and entered into this deY or, by and betwan lhe CITY OF CLEVELANO ("PURVEYOR") acting by and lhrough its Mayor by authority of Section 129.16 of the Codificd Ordinances of lhe City o( Cleveland and M AViF %ELO v«t- AG ?f ("MUNICIPALITY") acting. by authoeity ot Ordinance No. Q 3-13 , passed on 3'tiro %E- 20 , 19-al_. WHEREAS, PURVEYOR owns end operala a weterworks system under lhe management and rnntrol of its Division of Water and Heat. Departmenl of Public Utilitia, pursuanl to the Constitution and laws af the State of Ohao and lhe Chatter and ordinances ot the City of Cleveland; and WliEREAS, PURVEYOR under authority or Ihe Cherla of the City of Clcveland end Arlicle XVI(I, Section 6, of lhe Ohio Consitulion is empowetcd lo sell and deliver its surplus water to inhabitanls and olhers outside ils municipal boundaries; and WNEREAS, MUNICIPALITY saks to represenl ilselr and its inhabitants to obtain potable water from PURYEYOR For itself and ils inhabitants; and WHEREAS, PURYEYOR has bcen the sok supplia of water to MUNICIPALITY; and WHEREAS, MUNlCIPALITY wil) rnntinue ca utilize PURVEYOR to provide water lo MUNICIPALITY and its inhabitants end 'u wilBing lo contracct with PURVEYOR at the sole and esclusive supplia ot aater for itself and its inhabitanls on lhe terms, rnvenents, and condilions hereinafler set forth; end WNEREAS, PURVEYOR is willing lo rnntinue to provide wetee end wata related scrvias to MUNICIPALITY and its inhabitants on the trnns, covenanls, and conditions hcreinafter set fonh; NOW. THEREFORE, ror the reasans sel forth aboee, and in considaation of Ihe mwaal p?omises and agreements hercinaRa set forth. PURYEYOR and MUPIICIPALIYY agree as follows: ARTICLE 1. DEFINCPAONS 1.01 "Director" means Ihe Ditatar of the Department of Public Ulilities ot Ihe Ci1y of Cleveland. 1.02 "Division of Water" means Ihe Division of Vdala and Heal oi the Department of Public Utililies ot Ihe City oF Ckveland. 1.03 "Commisuoner" means the Commissianer of the Div6sioro of Water and Nwt of the Depanment of Public Utilitrcs of the City of Clevcland. , 1.04 "Waterwolks Facililia" means all aatmworks facililits including but not limilcd to wata treal- menl facililia, storage racilitia, and pumpind stations but eacluding water maBns. 1.05 "Water Main" means any pipe, regardless of siu or Pun!aon, which is used lo transport Maler from Lake Eeie as part of PURVEYOR'S waterworks system lo any service connalion. 1.06 "Trunk Main" means e waler main that is QwenCy inches (20") in diameler or larger. 1.07 "Distribufion Main" means a waler main thaS is less than twrnly incha (ZO") in diameter. 1.08 "Service Connation" means any tap or rnnnation to a distribulion enain la enable the furnishing of water from such dislribution main lo any wata consumer. 1.09 "Direct Service Customer" means en owner of premises located oulside PURVEYOR'S municipal ? .? 6oundaries who reaivn waler and wala relaled smices from PURYEYOR and who is billed by and pays lo PURVEYOR dircetly (or such water and waler services. = ? ? -