2018-90 Resolution - Laserfiche WebLink

Home Browse Search

22.05 Permission for any additional water mains, extension of water mains or any additional service connections within MUNICIPALITY'S corporate limits shall be denied until any unpaid penalties 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 after it is instituted unless renewed prior to that time by PURVEYOR and PURVEYOR notifies MUNICIPALITY of the renewal. 22.07 MUNICIPALITY hereby agrees that the penalties provided for herein are necessary to allow PURVEYOR to preserve the hydraulic integrity of the water supply system and are not excessive. ARTICLE 23. TERM OF AGREEMENT 23.01 The term of this Agreement as amended by this 2013 Amendment shall be for a minimum period of twenty (20) years, commencing on the first day after execution of this Amendment by PURVEYOR, and shall automatically continue in effect from year to year thereafter. This Agreement as amended or the terms contained in this Amendment may be cancelled by either party hereto by giving written notice to the other party at least five (5) years prior to the effective date of termination, provided that no such notice may be given until fifteen (15) years after the date upon which this Amendment is executed by PURVEYOR. Should either party give written notice of cancellation to the other, PURVEYOR shall execute an appropriate asset transfer agreement to transfer ownership of the Distribution System back to MUNICIPALITY. If MUNICIPALITY cancels this Agreement as amended, MUNICIPALITY shall also pay to PURVEYOR reasonable compensation in the amount of the replacement costs less a depreciated value that is calculated at a 100 year useful life on a straight line basis for PURVEYOR's prior Capital Improvements in the Distribution System. Any notice of cancellation shall be pursuant to Article 27, including subsections 27.01 to 27.03. In the event of termination of this Agreement as amended, the Director or his designated representative shall have sole control over the terms and conditions of the operation of the water system within MUNICIPALITY'S service area. PURVEYOR'S right to operate the Distribution System shall survive any termination of the Amended Water Service Agreement. Such termination shall not affect the validity of the Asset Transfer Agreement or PURVEYOR'S ownership interest in the Distribution System unless and until the parties have transferred ownership of the assets as described in this paragraph. ARTICLE 24. MISCELLANEOUS PROVISIONS 24.01 MUNICIPALITY and PURVEYOR expressly agree that the terms, covenants and conditions made in this Agreement shall bind its respective council, officers, mayors and officials for the term of this Agreement and they have authority to execute this Agreement. 19