2018-090 Resolution - Laserfiche WebLink

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such work, the MUNICIPALITY shall remove or rearrange or cause to be removed or rearranged, at no expense to PURVEYOR, the property of the other utility. If, however, the work performed is, in the opinion of the Commissioner, not primarily to provide additional supply to MUNICIPALITY, or its inhabitants, and the work is not requested by the MUNICIPALITY, and it is necessary to remove or rearrange the property of other utilities to perform the work, then MUNICIPALITY will not be responsible for rearranging or bearing the cost of rearranging the property of such utility but will in all events cooperate as far as legally possible, without expense to itself, in obtaining the rearrangement or removal of such utilities' property. ARTICLE 10. INSTALLATION AND OWNERSHIP OF DISTRIBUTION MAINS 10.01 Upon MUNICIPALITY'S execution of the Asset Transfer Agreement, the form of which is attached to this Agreement, PURVEYOR shall own the existing Distribution System presently owned by MUNICIPALITY. Upon such transfer, PURVEYOR shall have the obligation to perform at its cost all Capital Improvements relating to the existing Distribution System, PURVEYOR in its sole discretion shall determine the schedule of Capital Improvements, based upon criteria such as break history, water quality, fire flow information, street construction projects, and the recommendation for approval of such schedule by the Suburban Water Council of Governments. PURVEYOR shall use best efforts to expend an average of Ten Million Dollars per year toward suburban system- wide Capital Improvements. PURVEYOR will provide to the Suburban Water Council of Governments an annual report identifying the funds expended on Capital Improvement projects in the prior year. 10.02 PURVEYOR shall not be responsible to construct or pay for the installation of new distribution mains or the extension of existing distribution mains where a distribution main did not previously exist. Once PURVEYOR approves a completed installation, PURVEYOR shall issue a notice of acceptance of the new or extended distribution main and, subject to MUNICIPALITY'S obligations set forth in Paragraph 13.03 of the Water Service Agreement, assume ownership, including all responsibilities to perform and pay for Capital Improvements. 10.03 When mutually agreed upon by PURVEYOR and MUNICIPALITY, in lieu of PURVEYOR making Capital Improvements to a designated part of the Distribution System, MUNICIPALITY shall make the Capital Improvement and PURVEYOR shall reimburse MUNICIPALITY for the cost of the Capital Improvement in accordance with the Capital Improvement Project Reimbursement Terms and Conditions, attached as Exhibit F, and incorporated herein for purposes of the making the Capital Improvements. 10.04 The Cost of the above -referenced Capital Improvements will be included as a part of the water rate on a system -wide basis. M