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WATER SERVICE AGREEMENT FOR DIRECT SERVICE <br />day <br />THtS AGREEMENT is made and entered into this <br />r? of by and between the CITY OF CLEVELAND ("PURVEYOR") <br />acting by and through its Mayor by authority o( Section 129.16 of the Codified Ordinances o( the City of <br />Cleveland and the ("MUNICIPALITY") <br />passed on <br />acting by authority of Ordinance No. ? <br />• lq . <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 a id Article XVI11, <br />Section 6, of the Ohio Consitulion is empowered to sell and deliver its surplus water to inhabilants and <br />others outside its municipat boundaries; and <br />WHERGAS, MUNICIPALITY seeks lo 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 (o utilize PURVEYOR to p:)vide water to <br />MUNICIPALITY and its inhabitants and is willing to contract wilh PURVEYOR as lhe ;ole and exclusive <br />supplier of water for ilse(f and its inhabitanta on the terms, covenants, and conditions her.-inafter 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 hereinafter set forth; <br />NOW, THEREFORE, tor the reasons set forth above, and in consideration o( the muiual promises and <br />agreements hereinaTter set forth, PURVEYOR and MUNICIPALITY agree as follows: <br />ARTICLE 1. DEFINlT10NS <br />1.01 "Director" means the Director of the Department of Public Utilities of the City oC Clevetand. <br />1.02 "Division o( Water" means the Division of Waler and Heat of the Department of Public Utilities <br />of the City of Cleveland. <br />1.03 "Commissioner" means the Commissioner of the Division o( 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 nol 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 siae or funclion, 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" mcans 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 "Direcl Service Customer" mcans an owner of premises located outside f URVEYOR'S municipal <br />bvundaries who receives waler and water retated services from ('URVEYOR and who is billed by and pays <br />lo I'URVEYOR directly for stuh water and water services.