83-049 Ordinance - Laserfiche WebLink

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- 1'URVC•YOR'S ordcr Io curtail usc of walcr. 22.U4 Pailure of MUNICIPALITY io make a good failh effort to enforce a curiailment ordei againsl an ' inhabitant of MUNICIPALITY after PURVEYOR has provided hand dciivered written notice lo MUNICIPALITY of the identity of an inhabitant who is in viotation of the order, sLail subject -? MUNICIPALITY to a penalty in the amount of Five Hundred Dollars ($500.00) per day fc r each day MUNIC(PALITY fails Io make a good faith e(fort to enforce the curtailment order against ! aid inhabi- tanl. Before assessing lhe penalty authorized by this Paragraph, PURVEYOR shall provide 'he highest ranking otficial of MUNICIPALITY wilh hand delivered written notice of PURVGYOR'S int, at to assess lhe penalty and of the reason for the proposed penalty. MUNIGPALITY shall have the opl ortunity to remedy and remove the penalty by making good faith effort to enforce thc curtailmenl ordei against the violating inliabitant within six (6) hours. If, within the six (6) hour time period, MUNICIF kLITY has laken appropriate action, PURVEYOR shall waive any penally. 22.05 Permission for any additional waler mains, extension of water ?nains or any addit' mal service conneclions within MUNICIPAI,ITY'S corporate limits shall be denied until any unpaid pena ies assessed in accordance with this Article 22 have been paid. 22.06 A curtailmenl order under this Article 22 shall automatically expire seven (7) days ler it is in- stituted wiless renewed prior to that time by PURVEYOR and PURVEYOR nolifies MUNC 'ALITY of the renewal. 22.07 MUWCIPALITY hereby agrees that the penalties provided for herein are neces! y to allow PURVEYOR to preserve the hydraulic integrity of the water supply system and are not exc sive. ARTICLE 23. TERM OF AGREEMENT 23.01 The term of this AGREEMEfVT shall be for a minimum period of ten (10) years coi :nencing on the first day after execution of this AGREEMENT by PURVEYOR, and shall auto?nalicall continue in effect from year to year thereafter. This AGREEMENT may be cancelled by either party her o by giving written notice to the other party at least five (5) years prior to the effective date of terminali n, provided that no such notice may be given antil five (S) years after the date upon which this AGREE IENT is ex- ecuted by PURVEYOR. Any notice of cancellation shall be by certi(ied mail, return receipt r iuested, ad- dressed lo the Director in case ot PURVEYOR or the highest ranking official in case of MUN :lPAL(TY. In the event of termination of this AGREEMENT, following notice of cancellation by eitt. r party, tlie Director or his designated representative shall have sole control over the terms aiid conditions f the opera- tion ot the water system within MUNICIPALITY'S geographic territory, so long as water is r-ng supplied by PURVEYOR to said territory. ART(CLE 24. MISCELLANEOUS PROVISIONS 24_01 MUNICIPALITY and PURVEYOR expressly agree that the terms, covcnants an conditions macle in this AGREEMENT shall bind its respective council, officers, mayors and ol'ficials fc the term of this AGREEMENT and they have autiiority to execute this AGREEMENT. 24.02 IC any governmental unit, department, division, body or office referred to in this A( REEMENT shall cease to exist or shall cease to retain any part of its powers and duties, material to the pe 'ormance of (his AGREEMENT, which are vested in them at the time of the execution of this AGREEW VT, then all refercnces to them shall be deemed to include whatever governmental units, department, divi: on, body or office shall then succeed lo or have Ihe powers and dulies material to performance of this A( REEMENT without rcgard to title or formal designation. 13