83-049 Ordinance - Laserfiche WebLink

Home Browse Search

' 1.10 "Mastcr Mctcr Customer" mcans a governmental entity which purchases water from PURVGYOR for resale and delivery to water consumers_ 1.11 "Suburban Water Council o( Governments" means a council of governments (ormed pursuant lo Chapter 167 of thc Ohio Revised Codc whose membership is limited to and open to those politica) sub- divisions who receive water and/or water related services or whose inhabitanls receive water and/or water related services from PURVFYOR. ARTICLF, 2. SERVICE DISTRI(.TS 2.01 PURVEYOR has divided the geographic area in which it supplies water into service districts, dcsignated Low, First High, Second High and Third High. lt is agreed that the service districts located within thc territorial boundaries of MUNICIPALITY are as set torth in /he Map which is attached hereto as Gxhibit A. Only for the purpose of preserving lhe hydraulic integrity o( lhe syslem, PURVEYOR may change Ihe service district and the consequent rate to be applied to any geographic lerritory located within MUNICIPALITY upon sixty (60) days written notice to MUNICIPALITY from PURVEYOR'S engineer describing the engineering changes actually made in the grid system. AR'I7CLE 3. UBLICATION TO FURNISH QUALITY WATER 3.01 In accordance with and subject to the lerms of this AGREEMENT, PURVEYOR agrees to con- iinue to furnish water and water related services to MUNICIPALITY and its inhabitants, inctuding per- sons, commercial businesses, industry, and other existing direct service cuslomers. PURVEYOR has the right to prohibit the inslallation or extension of any water mains only when the Commissioner determines, on thc basis of cngincering data, ihat 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 10.44(b) hereof. 3.02 The water furnished by PURVEYOR shall at all times be at least equal to the qua(ity of water that is I'urnislud by PURVEYOR to water consumers located within the territorial boundaries of the City of Clevcland. 3.03 PURVEYOR does not guarantee any fixed volume or pressure of waler, 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 term of this AGREEMENT. When necessitated by the need lo repair breaks in water mains, serious clamage to rescrvoirs, scrious damagc to pumping machinery or other emergencies, water may be shut off or curtailed without notice and the fai(ure to furnish water under such circumslances shall in no case render PURVEYOR liable in damages_ 1-lowever, as soon as reasonably possible, the Mayor and/or Service or. Safcty Director of MUNICIPALITY will be noti(ied, so that fire protection precaulions 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 th&provi- sions of this AGREGMENT or any ordinances, rules or regulalions of PURVEYOR that are applicabte to Ilic supplying of water to tiim by PURVEYOR. The same right to discontinue service shall apply lo service to MUNICIPALITY except tliat service may be discontinued only if such violation or failure to pay con- tinucs for four (4) months aftcr written notice is given by PURVEYOR of the alleged violation or failure to PaY•