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1942/03/20 Council Minutes
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1942/03/20 Council Minutes
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Council Minutes
Date
3/20/1942
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76- <br /> iCtr,1942,continued. <br /> Hes.Do.4018,c <br /> "If a Ault�o said meter is f register a as <br /> in e f 2hyfrom an mel,correction shell be made in the billing, <br /> but n correction shallextendbeyond ninety(90)days previous to <br /> the day on such <br /> i any isxdise 010Sd by test. The a shall <br /> 53 based on the assumption that the consumption was the as for the <br /> 64 most nearly comparable periods of like eoperation(to be agreed upon by the <br /> arties hereto)during which service was correctly metered. <br /> 75 <br /> 13. Standard of Service: The water to be furnished under the terms of this <br /> contract eh11 b and wholesome quality and approved by the. <br /> •regulatory public healthde thoritoes. It shall be supplied in quantities <br /> sufficient for all t e purposes end needs of the Development and the tenants <br /> thereof. <br /> • <br /> The Utility will maintein sufficient residual pressure et the dtechare <br /> a <br /> side of the m of the Utility on the Development in order tassure <br /> supply to thesuction side of pumps,which will be operated by the Develop- <br /> ment adequate for Fire Protection and other noes cry service. <br /> 14. Distribution System: The Government stall furnish,construct,own <br /> d <br /> operate the complete end entire secondary water distribution system of the • <br /> Development from the point of delivery. <br /> 15. Hessle: 00 portion or the kat.supplied hereunder shall he resold, <br /> except that the Government may sell or other voice distribute water to the <br /> tenants of the Development as an incident of tenancy. <br /> 1b. Bights of Utility: <br /> (2) The Government hereby grants to the Utility at e11 re Doable <br /> hours a its duly autho riled agents an employees the free rights to ingress <br /> ep and egress from the premises of the dDevelopment for the purpose of in- • 'S <br /> specting,'repairing,replacing or removing the property of the Utility,of <br /> reading m f performing any work incidental to the supplying oe all <br /> service hereby contracted for. <br /> (b) The Utility shall have the right to contract with and render <br /> water service to individual commercialconsumers onthe.Develepmant,but <br /> no such contract shall be entered into without,e written approval of the <br /> Commissioner or his.representative. <br /> (o) The Utility shall have the right to shut off the supply of <br /> water to the Development,without notice,only in Case.of a eester. If <br /> the Utility shall oeel f nd it necessary to shut off the supply sof ceOo,er to the <br /> Development to sake replacements or pairs,orfor other r and no <br /> ermeney exists,the Utility shell give the 0ammiesionsr reasonable notice <br /> of its intentions, inoludiag the,approxdmate time and duration of such in- <br /> terruptions of service. <br /> 17. Annexation of Property of Utility: Any and all equipment,apparatus • <br /> and devices oeces,s..ry to fulfill Utility's obligation hereunder placed or <br /> erected by the Utility on or in property of the Development shell be <br /> and <br /> amain the property of the Utility regardless of the mode or manner of its <br /> annexation tteohment to real property oP the Development. <br /> 18. Liability: The water supplied under this contract is supplied upon <br /> the express condition that::fear it peseee the meter equipment of the <br /> Utility, it becomes the pro,'.,of the Governs... The Utilityshall not <br /> be liable for loss or damoge,:see person or property whatsoever r su lting <br /> directly or indirectly from the or misuse or presence cwater the <br /> Development premises after it passes said meter equipment a ce where such <br /> loss or damage stall D shown to have D occasioned by negligence of the <br /> Utility,its agents, servants or employees. <br /> 19. 'Impossibility of.Performance: The Utility shell use all reasonable • • <br /> diligence in providing a conetant and uninterrupted supply of water,but <br /> the Utility shall not be liable to the Government hereunder,nor shell the <br /> Governme.nt be liable to the Utility hereunder by reason of failure of'the <br /> Utility tv deliver o e <br /> Development to receive w s the result of fir, <br /> P <br /> strike,riot,a elleeflood,accident, breadkown,acts of God,or the <br /> • public enemy,or other acts beyond the oestrel of the party affected; St <br />
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