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, ?. <br />• ARTICLE 4. WATER RATES <br />4.01 Rates charged to all customers of PURVEYOR shall be set by the Board ot Conlrol of the City of <br />? Cleveland subject only to the approval of its Council. PURVEYOR hcreby agrees that, for a period of ten <br />(10) ycars from and after lhe effective date of this AGREEMENT; the doilar amount of any and ail in- <br />creases in water rates charged by the City of Cleveland to any Direct Service Customer shall not exceed the <br />dollar amount of the increase for any direct service customer wilhin the City of Cleveland by more than <br />7501o in the Low or First High Service District oulside the City of Cleveland; by more than 10001a in the Se- <br />• cond High Service District outside the City of Cleveland; or by more than 13007o in the Third High Service <br />District outside the City of Cleveland. Rates shall be calculated on a dollars per mcf (one thousand cubic <br />feet of water) basis. Rate increases for Master Meter Customers shall be 7507o of the rate increases for <br />Direct Service Cuslomers located in comparable service districts and 63010 of tlie first rate increase reflec- <br />? ting (he elimination of a separate mainlenance charge. No increase shall be made in the rate ('or any <br />customer without simultaneously inereasing the raies for all other customers, except that customers enlitl- <br />ed to a Homestead Exemption as presently specified and derned by the Codificd Ordinances of the City of <br />Clevcland need not be incrcascd. <br />4.02 Rale increases for the following classes of customers shall not be limited by the provisions of <br />Paragraph 4.01 above: <br />1) The rate to be charged to all customers or classes of customers who have taken step:s toward leaving <br />Ihe Cleveland water system; <br />2) All, rates and charges for unnaetered fire supply connections pursuant to Sec(ion 535.21 of the <br />Codified Ordinances of the City of Cleveland; <br />3) All rates and charges for water supplicd from a public fire hydranl set pursuant to Article 17 <br />hereof; and <br />4) All special rates for the use of water under special circumstances as determined by the Commis- <br />sioner of Water pursuant to Section No. 535.26 of the Codified Ordinances of the City of Cieveland. <br />4.03 PURVEYOR agrees that no water rate shall be changed, instituted or revoked prior lo sixty (60) <br />days aRer the Suburban Water Council otGovernments receives written notice of the propvsed change, in- <br />stitution or revocalion. <br />ARTICLE 5. COVI;NANT NOT TO SUE ON WATF,R RATFS; EXCLUSIVE HRANCHISF. <br />5.01 In consideration of the agreemenl of PURVEYOR and provided Ihat PURVEYOR conforms all <br />water rate increases strictly to the provisions of Article 4 of this AGREEMENT, and '+n consideration of <br />the agreement of PURVEYOR to finance and coastrucl the caPital improvemenls provided for in Articte <br />20 of this AGREGMENT, MUNICIPALITY agrees thal ii will not directly or indireclly, alone or togclher <br />with others, by court proceedings or in any other way atlempt lo obslruct, enjoin, hinder or disable <br />PURVEYOR from setting, charging, and co11ec1ing rates that PURVEYOR in its sole discretion deems <br />neccssary Io enable PURVEYOR to fulfill its obligalions hereunder. In addition, MUNICIPALITY agrees <br />' lhat PURVEYOR shall be lhe solc and exclusivc supplicr of water lo MUNICIPALITY and ils inhabitanls <br />for lhc tenn of this AGRLEMENT_ <br />AKTICI,E 6. OPF,RATIONAL CONTROL OF V1'A"TF,RWORKS SYST!?M <br />6.01 PURVEYOR has the righl to regulate and conlrol, in accordancc with the lentis and conditions of <br />1hi5 AGRfEMGNT, the operalion, engineering, construclion, expansion, maintenance, repair and use of <br />Ihe cnlire waterworks .rystcm, including all water trcatmcnt facilities, water sloragc facilities, pumping sta- <br />tions, water transmission facilitics, and water mains. The Coriimissioncr has 1he righf Io determine through <br />whic:h waler mains, water shall bc dclivcrcd lo any Uirccl Scrvicc Cuslomcr of PURVEYOR.