Minutes 09/23/1941 - Laserfiche WebLink

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S~otember~iZrd.,!941. WHEREAS, the parties to this .contract have duly authorized its execution, NOW, THEREFORE, in consideration of the mutual covenants herein contained and for other good and valuable considerations~, the parties hereto agree as follows: 1o Su_~pl~ Of Water: The Utility~ shall, from the dare. of thee initial delivery to the expiration of this contract supply fresh wateP fo~ general use at the Development. 2. Detem~nation of Date of Initial Delivery: ~ne date of initial delivery hereunder s~ll be the date on ~nich the Utility is first required to furr~sh water to the De - velopment under the terms of this contract. 3, Notice to Utility to Commence Delivery: The Utility _ ~ ......... sh~_ commence deli - very of water to the ~e~e±opmen~ on ~ne date specified in a wrltten notice from the Administra- tor, such notice to be delivered to the Utility not less than lO days prior to the date speci fied for the commencement of delivery. 4. Term of ~e Contract: This contract shall become effective upon the execu- tion thereof and shall contihue inef~ for ~ne year; provided however, that in the abaence of notice of intention to ter~inate served on the Utility by the Administrator or on the Administra- tor by the Utility at least 30 ~days prior to the expiration of the contract, this contract shall continue for ~uother year and ~rom year ~o year thereafter until terminated by notice as out - lined in this Section. ~nis co~tract may also be terminated by the Government, if the Govern - ment shall sell or otherwise dispose of the Development in accordance with the orovisions of the Act. In the case of such disposal, the Government, will advise the Utility of ~he date on which title will pass from the Government, at least 10 days prior to such passage of title and the Government's obligations and the Utility~s obligations under this cont~ac.t shall cease on the date on which title passes. All obligations of the parties with regard to the rendition of service and payment t~herefor and with regard to the payment period herein provided for, shall commence with date of deli-wery ~s defined in Section 2, 5- Nains and Meters: The Utility agrees to deliver the Water to the mal~of the Development, an~ ~-~rni~H, install and maintain in good ~rking order the necessary master meters for the Developmen~,-'wH£eH m~Ster meter~ shall remain the property Of the Utility. 6. Rates: The rates and charges for the facilities and water service furnish- ed by the Utility to ~-~evelopment and to b e paid by the Government stmll be in accordance with Schedule "A" whi~ iS' ~ched he~eto and by reference made a part hereof. If, during the period ~this contract, reduced or increased rates or charges are made applicable l~ this class of service, then such reduced or increased rates or charges shall be applicable to the service supplied under this contract. y. Reading of M~ters: The meters and the metering equipment and. instruments shall be read monthly by a representative of the Utility and a representative of the Administra- tor. The Utility and the Administrator shall agree upon a date or dates aha t~ur upon which the meters shall be?ead for billing purposes. TP~s date shal~ be the same for each month of the year ~nless 'g~i'~-~ TarTs on Sunday or~ a legal holiday zu w~ch case the reading shall be made on the next business day following the Sanday or legal holiday° ...... ~J-~illing. s~.d. Payment: The period of time elaDsing between monthly readings shall constitute the momthly billing period, On or abou~ the tenth day follo~*lng meterreadings for water service, the Utility shall ~ender a bill to the Administrato~ or-his duly authorized representative, P~yment of said bill shall be made on or before the tenth day following the date of rendition, unless said date falls on Sunday or a legal holiday in wD~ch ease payment may be mad~ on the next business day following the Sunday or legal Pm liday. 9o Penalty for Non Payment: ~hen any bill is' not paid within thirty days af- ter the ten days following the date-of rendition it shall be ~asidered in default. The Utility shall not suspend service to the Development because of non-payment of any monthly bill. The Utility shall have the right to can~el this contrast if two successive monthly bills remain un- psdd for a period of thirty days after the tenth day following the date of renddtion. Such can- collation shall become effective only after fifteen days written notice to the Administrator. lO. Point of Deliv__~: The point-of delivery of water hereunder shall be at the out~oing side of ~he metering equipment cf the Utility located on the Development site as follows. Near the intersection of Potomac ~treet with the southern boundary of the DeveloPment. ll. ~ of Meters$ The meters used in determining the amount o f water supplied hereunder, shall be ~ested upon the request of the Administrator, if the readings of the meters indicate that a test is necessary. If any meter shall be found ,inaccurate or incor- rect, it shall be' restored to an accurate condition or a new meter shall be substituted by Uti- lity. If any test made at the request of the Administrator or his representative discloses that the meter test is registering correctly, or ~thin 2% of normal, the Government shall bear the expense of such test. The expense of all other tests s~rJall be borne by the Utility. The results Of all such tests and calibrations shall be open ~o examination by the Administrator or his representative and a report of every test shall be furnished as soonas possible to the Ad~ ministrator or his representative. If ~the meter is tested and found to be not more than 2% above or below normal, it shall be considered to be correct and accurate, insofar as correction of billing is concerned. If as a result of any such test, said mete~ Zs~ found to register a variation in excess of 2% from norm~al,.correetion shall be made in the billing, but no such cor- rection shall extend b gyond ninety (90) ~ays previous to ~e day on ~fnich inaccuracy is discov- ered b~y test. The correction shall be. based on the. assumption that the consum~ption was in an amount based on the average consumptmon for the three (3) previous months when the meter was properly registering, if the quantity can not be othsrwiise ascertained. 12. Standard of Service: The water to be furnished hereunder shall, within the limits of the Utili~y~s ability to ~rn~sh same~ be of a good and wholesome quality and shall be maintained at a sufficient pressure to assure fire protection; subject, however, to the conditions set forth in SeCtion 18 hereof. 13. Distribution. Syst.em~ The Government shall furnish, construct, own and erate the complete and entire secondary wa~er distribution system of the Development from the point of delivery. 14. Resale: No portion o f the water supplied hereunder shall be resold, exceol that the Government may~l or otherwise distribute water to ~he tenants cT the Development a~ an incident of tene~cy. 15o Ri.hts of Uti~it :a' 'ne ~ove[~ment hereby gr~.nts tothe U~lity at al! reasonable hours b~