83-049 Ordinance - Laserfiche WebLink

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C) ? 1.10 "Master Meter Customer" means a governmental entity which purchases water from PURVEYOR for resale and delivery to water consumers. 1.11 "Suburban Water Council of Governments" means a council of governments formed pursuant to Chapter 167 of the Ohio Revised Code whose membership is limited to and open to those political sub- divisions who receive water and/or water related services or whose inhabilants receive water and/or water related services from PURVEYOR. ARTICLE 2. SERVICE DISTRICTS • ' 2.01 PURVEYOR has divided Ihe geographic area in which it supplies water into service districts, designated Low, First High, Second High and Third High. It is agreed that the service districts located : within the territorial boundaries of MUNICIPALITY are as set forth in the Map which is attached hereto as Exhibit A. Only for the purpose of preserving the hydraulic integrity of the system, PURVEYOR may t change the service district and the consequent rate to be applied to any geographic territory located within MUNICIPALITY upon sixty (60) days written notice to MUNIC1PALlTY from PURVEYOR'S engineer • describing the engineering changes actually made in the grid system. ARTICLE 3. OBLIGATION TO FURNISH QUALITY WATER 3.01 In accordance with and subject to the terms of this AGREEMENT, PURVEYOR agrees to con- tinue to furnish water and water related services to MUNICIPALITY and its inhabitants, including per- sons, commercial businesses, industry, and other existing direct service customers. PURVEYOR has the right to prohibit the installation or extension of any water mains only when the Commissioner determines, on thc basis of engineering data, that the installation or extension would adversely affect water pressure and/or water volume being provided to PURVEYOR'S existing water consumers or in accordance with Article 10, Section 10.04(b) hereof. 3.02 The water furnished by PURVEYOR shall at all times be at least equal to the quality of water that is furnishcd by PURVEYOR to water consumers located within the territorial boundaries of the City of Cleveland. 3.03 PURVGYOR dces not guarantee any fixed volume or pressure of water, the same being subject to varying conditions of tuberculation of water mains and other conditions relating to the operation and . maintenance of PURVEYOR'S waterworks system. However, MUNICIPALITY shall have a cause of ac- tion against PURVEYOR if any such condition arises as the direct result of PURVEYOR'S breach of any tcrm of this AGREEMENT. When necessitated by the need to repair breaks in water mains, serious . damage to reservoirs, serious damage to pumping machinery or other emergencies, water may be shut off or curtailed without notice and the failure to furnish water under such circumstances shall in no case render PURVEYOR liable in damages. However, as soon as reasonably possible, the Mayor and/or Service or Safety Director of MUNICIPALITY will be notified, so that fire protection precautions may be taken. 3.04 PURVEYOR shall have the right to discontinue serving any Direct Service Customer who fails to ` ' • pay in full within the period of time set by PURVEYOR any water bill or who violates any of the provi- • sions of this AGREEMENT or any ordinances, rules or regulations of PURVEYOR that are applicable to thc supplying of water to him by PURVEYOR. The same right to discontinue service shall apply to service to MUNICIPALITY except that service may be discontinued only if such violation or failure to pay con- tinues for four (4) months after written notice is given by PURVEYOR of the alleged violation or failure to PaY • ? ? ,?