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IN. o, <br />•? .,? <br />WATER SERVICE AGREEMENT FOR DIRECT SERVICE <br />THIS AGREEMENT is made and entered into this day <br />of by and between the CITY OF CLEVELAND ("PURVEYOR") <br />acting by and through its Mayor by authority of Section 129.16 of the Codified Ordinances of the City of <br />, <br />, Cleveland and the ("MUNICIPALITY") <br />,. acting by authority of Ordinance No. , passed on <br />• , 19 . <br />WHEREAS, PURVEYOR owns and operates a waterworks system under the management and control <br />of its Division of Water and Heat, Department oF Public Utilities, pursuant to the Constitution and laws of <br />. the State of Ohio and the Charter and ordinances o( the City of Cleveland; and <br />. WHEREAS, PURVEYOR under authority of the Charter of the City of Cleveland aid Article XVIII, <br />Section 6, of the Ohio Consitution is empowered to sell and deliver its surplus water tfl inhabitants and <br />others outside its municipal boundaries; and <br />W HEREAS, MUNIC[PALITY seeks to represent itself and its inhabitants to obtain potable water from <br />PURVEYOR for itself and its inhabitants; and <br />WHEREAS, PURVEYOR has been the sole supplier of water to MUNICIPALITY; and <br />WHEREAS, MUNICIPALITY will continue to utilize PURVEYOR to p avide water to <br />MUNICIPALITY and its inhabitants and is willing to contract with PURVEYOR as the ;ole and exclusive <br />supplier of water for itself and its inhabitants on the terms, covenants, and conditions hereinafter set forth; <br />and <br />WHEREAS, PURVEYOR is willing to continue to provide water and water related services to <br />MUNICIPALITY and its inhabitants on the terms, covenants, and conditions hereinaS'ter set forth; <br />NOW, THEREFORE, for the reasons set forth above, and in consideration of the muiual promises and <br />agreements hereinafter set forth, PURVEYOR and MUNICIPALITY agree as follows: <br />ARTICLE 1. DEFINITIONS <br />- 1.01 "Director" means the Director of the Department of Public Utilities of the City of Cleveland. <br />1.02 "Division of Water" means the Division of Water and Heat of the Department of Public Utilities <br />of the City of Cleveland. <br />1.03 "Commissioner" means the Commissioner of the Division of Water and Heat of the Department <br />oF Public Utilities of the City of Cleveland. <br />•.1.04 "Waterworks Facilities" means all waterworks facilities including but not limited to water treat- <br />ment facilities, storage facilities, and pumping stations but excluding water mains. <br />1.05 "Water Main" means any pipe, regardless of size or function, which is used to transport water <br />. • from Lake Erie as part of PURVEYOR'S waterworks system to any service connection. <br />1.06 "Trunk Main" means a water main that is twenty inches (20") in diameter or larger. <br />1.07 "Distribution Main" means a water main that is less than twenty inches (20") in diameter. <br />1.08 "Service Connection" means any tap or connection to a distribution main to enable the furnishing <br />of water from such distribution main to any water consumer. <br />1.09 "Direct Service Customer" means an owner of premises located outside PURVEYOR'S municipal <br />boundaries who receives water and water related services from PURVEYOR and who is billed by and pays <br />to PURVEYOR directly for such water and water services.