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70-068 Ordinance
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70-068 Ordinance
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1/10/2014 3:32:18 PM
Creation date
1/7/2014 5:03:59 AM
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North Olmsted Legislation
Legislation Number
70-068
Legislation Date
4/7/1970
Year
1970
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• ~,~ .. <br />`,. `F,. <br />an annual report of the accounts and operations of the Utility and will permit the authorized agent <br />of the OWDA to inspect all records, accounts and data of the Utility at all. reasonable times; and (c) <br />that the LGA will segregate the revenues, funds and properties of the Utility from all other funds <br />and properties of the LGA. All of the obligations under this Section are hereby established as duties <br />specifically enjoined by law and resulting from an office, trust or station upon the LGA within the <br />meaning of R. C. Section 2731.01. <br />ARTICLE V -MAINTENANCE, OPERATION, <br />INSURANCE AND CONDEMNATION <br />Section 5.1. The LGA agrees that during the Contract Period of Years it will keep the <br />Project Facilities including all appurtenances thereto and the equipment and machinery therein in <br />good repair and good operating condition at its own cost so that the completed Project Facilities <br />will continue to operate with substantially the same efficiency as when first constructed. <br />The LGA shall have the privilege of making additions, modifications and improvements to <br />the Project Site and the Project Facilities from time to time with the approval of the OWDA the <br />cost of which additions, modifications and improvements shall be paid by the LGA and tl~e same <br />shall be the property of the LGA and be included under the terms of this Agreement as part of the <br />Project Site or Project Facilities, as the case may be. <br />Section 5.2. The LGA agrees that it will commence operation of the Project Facilities <br />immediately upon the completion of the construction thereof and will not discontinue operation of <br />the Project Facilities without the approval of the OWDA and the Ohio Water Pollution Control <br />Board of the State of Ohio. The LGA agrees that it will provide adequate operation and <br />maintenance of the Project Facilities to comply with the water quality standards established for the <br />River Basin by the Ohio Water Pollution Control Board and with all applicable rules and regulations <br />of the Ohio Water Pollution Control Board and the Department of Health of the State of Ohio. The <br />LGA agrees that sufficient qualified operating personnel certified by the State of Ohio will be <br />retained to operate the Project Facilities and all operational tests and measurements necessary to <br />determine compliance with the preceding sentence will be performed to insure proper and efficient <br />operation and maintenance of the Project Facilities from the time of commencement of operation <br />until the end of the Contract Period of Years or the approval of the discontinuance of the operation <br />of the Project Facilities by the OWDA and the Water Pollution Control Board of the State of Ohio. <br />The Utility of which the Project Facilities will be a part shall be operated and maintained in <br />accordance with an ordinance or resolution governing the use of the Utility and any administrative <br />regulations adopted pursuant thereto acceptable to the OWDA. <br />The LGA will permit the OWDA and the Federal Water Pollution Control Administration <br />and their respective agents to have access to the records of the LGA pertaining to the operation and <br />maintenance of the Project Facilities at any reasonable time following completion of construction <br />of the Project Facilities. <br />Section 5.3. The LGA agrees to insure the Project Facilities in such amounts as similar <br />properties are usually insured in by political subdivisions similarly situated, against loss or damage <br />of the kinds usually insured against by political subdivisions similarly situated, by means of policies <br />issued by reputable insurance companies duly qualified to do such business in the State of Ohio. <br />Section 5.4. Any insurance policy issued pursuant to Section 5.3 hereof shall be so <br />written or endorsed as to make losses, if any, payable to the OWDA and the LGA as their interests <br />may appear. Each insurance policy provided for in Section 5.3 and 5.6 hereof shall contain a <br />provision to the effect that the insurance company shall not cancel the same without first giving <br />written notice thereof to the OWDA and the LGA at least ten days in advance of such cancellation. <br />-9- <br /> <br />
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