83-049 Ordinance - Laserfiche WebLink

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PURVCYOR'S ordcr to curtail use of watcr. 22.04 Failure of MUNICIPALITY to make a good faith effort to enforce a curtailment order against aninhabitant of MUNICIPALITY afler PURVEYOR has provided hand delivered writter notice to MUNICIPALITY of the identity o( an inhabitant who is in violation of the order, shall subject MUNICIPALITY to a penalty in the amount of Five Hundred Dollars ($500.00) per day fc r each day MUNICIPALITY fails to make a good faith effort to enforce the curtailment order against :3id inhabi- tant. Before assessing the penalty authorized by this Paragraph, PURVEYOR shall provide :he highest ranking official of MUNICIPALITY with hand delivered written notice of PURVEYOR'S inuat to assess the penalty and of the reason for the proposed penalty. MUNICIPALITY shall have the opE ortunity to remedy and remove the penalty by making good faith effort to enPorce the curlailment ordei against the violating inhabitant wilhin six (6) hours. If, within the six (6) hour time period, MUNICIf ?LITY has taken appropriate action, PURVEYOR shall waive any penalty. 22.05 Permission for any additional water mains, extension of water mains or any addit' mal service connections within MUNIC(PALITY'S corporate limits shall be denied until any unpaid pena ies assessed in accordance with this Article 22 have been paid. 22.06 A curtailment order under this Article 22 shall automatically expire seven (7) days 'ter it is in- stituted unless renewed prior to that time by PURVEYOR and PURVEYOR notifies MUNC 'ALITY of the renewaL 22.07 MUNICIPALITY 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 AGREEMEIYT 23.01 The term of this AGREEMENT shall be for a minimum period of len (10) years coi :nencing on the first day after execution of this AGREEMENT by PURVEYOR, and shall automaticall 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 (S) years prior to the effective date of terminati n, provided that no such notice may be given until five (5) years after the date upon which this AGREE IENT is ex- ecuted by PURVEYOR. Any notice of cancellation shall be by certified mail, return receipt riuested, ad- dressed to the Director in case of PURVEYOR or the highest ranking ofricial in case of MUN :IPALITY. In the event of termination of this AGREEMENT, following notice of cancellation by eitt r party, the Director or his designated representative shall have sole control over the terms and conditions f the opera- tion of the water system within MUNICIPALITY'S geographic territory, so long as water is t ng supplied _ by PURVEYOR to said territory. ? ARTICLE 24. MISCELLANEOUS PROVISIONS 24.01 MUNICIPALITY and PURVEYOR expressly agree that Ihe terms, covenants an conditions ' made in this AGREEMENT shall bind its respective council, officers, mayors and officials fc the term of this AGREEMENT and they have authority to execute this AGREEMENT. ? 24.02 If 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 this AGREEMENT, which are vested in them at the time of the execution of this AGREEM.; NT, then all references to them shall be deemed to include whatever governmental units, department, divi: an, body or ofrice shall then succeed to or have the powers and duties material to performance of this A( REEMENT without regard to title or formal designation. 13