[Ord. No. 603 §1, 11-10-1997]
When and if District, acting within its statutory authority,
desires that City terminate water service to any premises, district
shall deliver to City an "Instruction to Terminate Service". Such
"Instruction to Terminate Service" shall be on a form approved by
District and City for such purposes and shall include the date of
issue, a specific address where water service is to be terminated
including street, City and unit number if appropriate, and the signature
of an agent specifically authorized by District to execute such instruction.
District shall provide to City a written list of agents so authorized.
Because District's customer and City's customer at a specific address
may be different individuals or entities, District's customer name
at the address shall be included for information purposes only. District
shall not issue an "Instruction to Terminate Service" until all prerequisites,
including those for notice, have been satisfied. Upon receipt of an
"Instruction to Terminate Service" City shall make a reasonable attempt
to terminate water service to the affected address within thirty (30)
days. District and City shall establish operating procedures from
time to time to further facilitate administration of the terms herein.
[Ord. No. 603 §2, 11-10-1997]
Upon instruction from District to reinstitute service to an
address (which may be by informal methods acceptable to District and
City, to be followed in writing), City shall make a reasonable attempt
to reinstitute such service as hereinafter provided. Reinstitution
shall be attempted but not guaranteed during normal working hours
on Monday through Saturday provided someone is at the premises to
assure internal plumbing facilities are not open (hereinafter "Standard
Reinstitution"). Unless otherwise specified by District, service reinstitution
will be attempted but not guaranteed on the same day for instructions
received from District prior to 3:00 P.M. Monday through Friday, and
on a next day basis for instructions received later in the day than
that. No instructions will be accepted on Saturday, Sunday, City holidays,
the day before any City holiday, or during the Christmas holidays
when the City normally suspends all turn-offs. If an instruction after
3:00 P.M. requires that service be reinstituted on that same day (hereinafter
"Special Reinstitution"), an extra charge as specified herein shall
apply.
[Ord. No. 603 §3, 11-10-1997]
The price to be charged to District by City for termination
or reinstitution attempts shall be as set forth in Appendix A to this
Chapter.
[Ord. No. 603 §4, 11-10-1997]
To enable City to efficiently manage its work force, under no
circumstances will District send to City in excess of ten (10) "Instructions
to Terminate Service" at metered connections in any calendar month.
[Ord. No. 603 §5, 11-10-1997]
If City makes a reasonable attempt to terminate or reinstitute
water service and is unsuccessful because of address inadequacies,
inoperable or damaged facilities, danger to an employee or any other
reason beyond City's reasonable control, the above charges will be
charged for the attempt, City will attempt to notify District no later
than the end of the next regular working day of such unsuccessful
attempt, City shall be absolved from its time requirements for action,
and District and City shall attempt to determine an alternative course
of action acceptable to both parties which shall be reduced to written
instruction from District to City.
[Ord. No. 603 §6, 11-10-1997]
A.
Except
to the extent limited herein, District agrees to indemnify, defend
and hold City harmless from and against any and all claims, complaints
or causes of action arising out of actions taken by City pursuant
to any District "Instruction to Terminate Service". Because City is
providing a service to District at its cost and has no incentive whatsoever
to take the risk of claims, complaints or causes of action arising
out of actions taken pursuant to this agreement, if District at any
time asserts that it is not permitted by law to indemnify City under
the provisions of this paragraph, or is limited in the extent of its
indemnification, or for any other reason takes the position that City
must defend itself or be responsible for some or all costs arising
from such claims, all City's obligations under this agreement shall
terminate as of that date.
B.
Notwithstanding
anything contained herein, the agreement by the District to indemnify
the City is qualified as follows:
[Ord. No. 603 §7, 11-10-1997]
Because of the age of many customer-owned valves ("stop cocks")
and service line components, it is not uncommon to discover them to
be inoperable or for them to break or begin to leak when operation
is attempted. In the event of such an occurrence, City shall notify
District if and when it becomes aware of such an occurrence, and District
shall thereafter resolve such matter with the owner of the facilities
and shall indemnify and defend City from claims by any party whatsoever
associated with such occurrences, as hereinbefore specified in the
paragraph regarding indemnification. If an emergency excavation becomes
necessary due to escaping water, actual costs incurred to stop the
discharge, including facility repair if necessary, will be paid by
District without District's preapproval.
[Ord. No. 603 §8, 11-10-1997]
District shall handle all customer communications regarding
service terminations implemented pursuant to this agreement. Communications
from customers to City will be referred and directed to District.
[Ord. No. 603 §9, 11-10-1997]
A.
City's
actions required under this agreement shall be excused if due to matters
beyond its control, including but not limited to employee work stoppages,
strikes, inclement weather, or emergencies requiring utilization of
manpower or resources elsewhere. Termination will not be completed
if a local Board of Health, municipality, fire district, court of
competent jurisdiction or other governmental entity having jurisdiction
issues an instruction to the City so stating. At such time, City will
relay such conflicting instructions to District, and City will not
knowingly take further actions toward termination until District notifies
City in writing that it has resolved the conflicting instructions.
Thereafter, District shall indemnify, defend and hold City harmless
for actions taken by City based on District's notifications.
B.
In
no event shall City be required to disconnect a fire line service
without authorization from the governmental authority responsible
for fire protection to the affected property, even in cases of combined
fire and domestic service lines.
[Ord. No. 603 §10, 11-10-1997]
This agreement shall be for a term of one (1) year from November
10, 1997, and from year to year thereafter subject to termination
by either party at any time on sixty (60) days' notice.
