The city agrees to furnish water from its existing municipal water distribution system to the consumer (where "consumer" means the industry or water user, including single-family dwelling and/or any user outside the city limits) for use and/or resale by the consumer, on the following terms, conditions and limitations:
A. The water furnished to the consumer shall at the point of delivery to the consumer be treated water meeting the standards of the United States Public Health Service's limitations for drinking water;
B. The point of delivery of water by the city to the consumer is at the point of interconnection of the consumer and the city's facilities meaning at the existing distribution line connection of the city in the meter well at the inlet side of the meter in case of outside installations, and at the curb valve if one is available, or at the property line if no curb valve is available, for inside installation;
C. The city will not be obligated at any time to deliver water to the consumer at the delivery point at a rate of delivery in excess of capability of system;
D. Except as otherwise provided herein, the city shall employ all reasonable means to furnish such water to the consumer under this section to fulfill the needs of the consumer; provided, and notwithstanding any other provision of this section, that in the event the city should at any time become inadequate to supply the demands of the residents of the city and also outside customers or consumers, then the amount of water to be delivered shall be limited to the disposition of the excess water supply over and above the amount needed for consumption by the users within the city, as determined by the city;
E. The consumer shall pay to the city for the water so supplied and delivered for the use of the consumer, as mentioned in this chapter, according to the meter readings from time to time hereafter made at the place or point of delivery, within fourteen days after the dates of billing. If the existing water rate structure for the city is hereafter altered, the sum or rate of increase or decrease in water rates for users in the same volume class by virtue of such altered water rate structure for the city;
F. The consumer, at its expense and as its own separate undertaking, shall provide its water distribution system for the consumer, including as a part thereof and without limitation, a transmission line from the place or point of delivery by the city to the consumer, metering equipment at the point of delivery (except single-family dwelling meter will be furnished for a tap fee) as mentioned in this chapter, necessary storage tanks, pumping equipment, water mains, consumer meters, water lines, miscellaneous valves and fire hydrants, and the consumer shall furnish, install and maintain the same. And in this behalf, the consumer, at its expense, shall procure, furnish, install, operate and maintain all facilities, rights-of-way, easements, and all other things required to receive, apply and properly utilize the water furnished and delivered to it by the city, as provided herein, and the consumer shall pay pumping costs from the point of delivery to the consumer;
G. No such meter or metering equipment shall be placed in service or be allowed to remain in service which has an error in registration in excess of plus or minus two percent under normal operating conditions. And in the event any such meter or metering equipment is found to be more than two percent slow or fast, it will be corrected or replaced at the expense of the consumer. For the purposes of this chapter, it is understood that any such meter or metering equipment which registers not more than two percent slow or fast shall be deemed correct and accurate;
H. All responsibility of the city for the use, transmission and distribution of the water by the consumer shall cease and terminate upon its delivery of water to the place or point of delivery as designated in the section;
I. The city and/or the consumer shall each endeavor to obtain, install and complete their respective facilities, rights-of-way and easements required to comply with this section;
J. In case of the bursting of any of the water mains or pipes, or in case it may become necessary to repair any part of the waterworks system of either of said parties hereto, whereby it becomes necessary to shut off such water temporarily, the city is authorized to close any valve or valves in its water main or transmission line to or at the point of delivery as may be necessary for the protection of the waterworks system or waterworks systems, or to meet the emergencies of the case. And it is expressly covenanted, understood and agreed that the city shall in no way be held liable or accountable for any such bursting, breakage or accident of any kind that may occur to the waterworks system of the consumer. The consumer hereby covenants and agrees to save and keep harmless the city from any and all loss, damage, or expense for or on account of the installation, maintenance and operation of the waterworks system of the consumer;
K. It is mutually covenanted and agreed that the city shall not be held accountable or liable, nor shall it be held or considered as a breach of the ordinance codified in this section, for failure on its part to supply water to the consumer growing out of any breakage, unavoidable accident or injury of any kind occurring to its waterworks system or any part thereof, or on account of any legal proceeding, judgment, order or decree in any court of record, restraining or interfering with the city in carrying out the ordinance codified in this chapter on its part, nor shall the city be held liable or accountable under this agreement for any failure to supply water growing out of any lack of fuel or power to operate its pumping works, occasioned by any accident, act of God beyond its control, the act of the elements, strikes, riots or public enemy, but the city expressly covenants and agrees to use due diligence and care to perform the ordinance codified in this chapter upon its part to be performed, and to use all due diligence to repair or replace any and all breakages;
L. It is further covenanted and agreed by the consumer that in case the consumer shall, at any time, make any default in the performance of any of the covenants, conditions and agreements to be kept and performed by it on its part, as mentioned above, and if any such default shall continue for a period of thirty days, then and in that case this service may be forthwith terminated at the option of the city upon giving ten days' previous notice in writing of its intention to do so, and thereupon the water supply may be discontinued; provided, that in the exercise of such option, the giving of such notice, and declaration of such termination of said service shall be effective only after and upon a resolution to that effect adopted by the city council first authorizing the same.
(Ord. 81-55 § 1, 1980; Ord. 485 § 1, 1974: prior code § 20.109).