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Minutes 09/23/1941
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Minutes 09/23/1941
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City Council
City Council - Type
Adopted Minutes
City Council - Date
9/23/1941
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September 2~rd~ 1941. <br /> <br />to the expiration of this contractsupply fresh.watt, for general use.at the Development. <br /> 2. Det~rm~n~.tion of Date ~f Initial Delivery: The date of initial delivery <br />hereunder shall be the date on which the Utility is first required to furnish water to the <br />Development under the~ terms~of this contract~ <br /> 3- Notice So Utilit~ to 0O~smnce D~live~: The Utility shall commence de- <br />livery of Eater to the Development on tR'~date specified in a written notice from the Administr~ <br />tot, such notice to be-delivered to the Utility not less than 10 days prior to the d ate speci- <br />fied for the commencemen~ ~2 delivery.. <br /> 4, Terme£ the Oontract: This contract sba-il become, effective upon the ~ecu- <br />tion thereof and shall continue i~ effect for one year; provided, however, that in the absence <br />of notice of intention to terminate served on the Utility .by the Administrator or on the Admin- <br />istrator by the Utility at least 30 days prior to the expiration of the contract, this contract <br />shall continue for another year and from year to year thereafter until terminated by notice as <br />outlined in this Section. This ~ontract may also be terminated by the Government, if the G~v- <br />ernment shall sell or otherwise dispose of the Development in accordance with the provisions of <br />the Acts. In the case of such disposal, the Government will advise' the Utility of the date on <br />which title will pass from the Government, a~ least 10 days prior to such passage of title and <br />the Government obligations and the Utility's obligations under this contract sh~l cease on the <br />date(on which title passes. All obligations of the parties with regard to the rendition of <br />service and p~vment therefor and with regard to the payment period hereih provided for shall <br />commence withdate of delivery as defined in Section 2. <br /> 5- ~ain and Meters: The U~lity agrees to~ deliver the water to the mains of <br />t~he Development, and to furnish, install and maintain in good working order the necessary mas- <br />ter meters for the Development~. which master meters shall remain the property of the Utility. <br /> 6. Rates: The rates and charges for the facilities and water service fur - <br />nished by the Utility-~he Development and to be paid hy the Government shall be in accord- <br />ance with Schedule "A" which is attached hereto and by reference made a part hereof. <br /> If, during the period of this contract, reduced or increased rates or charges <br />are made ~oplicable to this class of service, then such r educed or increased rates or charges <br />shall be applicable to the serVice supplied under this contract. <br /> ~. Reading of Meter.~: The meters and metering equipment and ir~truments <br />shell be read monthly by a represehta~ive of ~he Utility'and a representative of the Administr~ <br />tot. The Ntility and the Administrator shall agree upon a date or dates and hour upon which the <br />meters shall be read for billing purposes. This date shall be the same for each month of the <br />year unless said date falls on Sunday or a legal holiday in which case. the reading shall be <br />made on ~he next business day following the Sunday or legal holiday. <br /> 8. ~i~lin~ and Payment: The period of time elapsing between monthly read- <br />ings shall constitute"tR~ monthly billing period. On or about the tenth day following meter <br />readings for water service the Utility shall render a bill to the Administrator or his duly <br />kuthorized representative. Payment of said bill ~hall be made on or b~fore the tenth day fol- <br />lowingthe date of rendition~ unless said date falls on Sunday or a legal holiday in which case <br />payment may be made on the next business day following the Sunday or legal holiday. <br /> 9- P.ens~ty for No~-pa~ment: ~hen any bill is not paid within thirty days af- <br />ter the ten days following the date of rendition, it shall be considered in default. The Util- <br />ity shall not suspend service to the Nevelopment because of non-payment of any monthly bill. <br />The Utility shall have the right to cancel this contract if two successive monthly bills remain <br />unpaid for a period of thirty days after the tenth day following the date of rendition. Such <br />cancellation shall become effective only after fifteen days written notice to the Administrator <br /> 10o Point of Deliv~: The point of delivery of water hereunder shall be at <br /> the outgoing side of the metering equipment of the Utility located on the Development site as <br /> follows: Near the intersection of Potomac Street ~th the sotuthern boundary of the Development. <br /> ll. Accuracy cf Meters: The meters used in determining the amount of water <br /> supplied hereunder, shall be tested upon the request of the Administrator, if the readings of <br /> the meters indicate that a test is necessary. If any meter shall be found inaccurate or in - <br /> correct, it ~ball be restored to an accurate condition or a new meter shall be substituted by <br /> Utility. If any tess made at the request of the Administrator or his representative discloses <br /> that the meter test is registering correctly, or within 2% of normal, ~he Government sh~ll bear <br /> the expense of such test. The expense of all other tests shall be borne by the Utility. The <br /> results of all such tests and calibrations shall be open~ ~o examination by the Administrator <br /> or his representative and a r~port of every test shall be furbished as soon as oossible to the <br /> Administrator or his representative. If the meter is tested and found to be no~ more than 2% <br /> above or ~below normal it shall be considered to be correct and accurate, insofar as correction <br /> of billing is concerned, if as a result of any such test said meter is found to register a <br /> variation in excess of 2% from normal, correction shall be made in the billing, but no such <br /> correction shall extend beyond ninety (90) days previous to ~he day on which inaccuracy is dis- <br /> covered by test. ~The correction shall be based on the assumption ~hat the consumption was in <br /> an amount based on the average consumption for the three (3) previous months when the meter was <br /> properly registering, if the quantity can not be otherwise ascertained. <br /> 12. S~and~rd of Service: The water To be furnished hereunder shall, within <br /> the limits of the Utility's ability to furnish same, be of a good and wholesome quality and <br /> shall be maintained at a sufficient pressure to assure fire protection; subject, however, to <br /> the conditions set forth in Section 18 hereof. <br /> 13. ~is~ributionS~em: The Government shall furnish, construct, own and <br /> operate the complete and entire secondly water distribution system of the Development from <br /> the point of delivery. <br /> 14. Resale: No portion of the water supplied hereunder shall be resold, ex- <br /> cept that the Governmen~y sell or otherwise distribute water to the tenants of the Develop- <br /> ment as an incident of tenancy. <br /> 15. Ri~hts of Utility: <br /> ~a) The Government hereby grants to the Utility at all reasonable hours <br /> by its duly authorized agents and employees the free right of ingress to and egress from the <br /> premises of the Develooment for the purpose of inspecting, repairing, replacing or removing <br /> the property of the Utility, of reading meters, or of performing anywork incidental to the <br /> <br /> <br />
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