(a) Sebring shall sell and deliver water to Beloit, through a Master Meter located at the parties' municipal boundary line on East Ohio Ave. Beloit must at its expense calibrate the meter when necessary and to keep the master meter in working condition. Should Beloit fail to maintain the master meter, Sebring shall immediately cause the meter to be repaired and bill the Village of Beloit for the service to the meter.
(b) The master meter shall be read on a mutually determined date to determine the total number of gallons of water supplied to the Beloit System for the preceding period.
(c) Sebring will provide to the end users in the Beloit water system, such amounts of surplus water as shall be available and needed for the purpose of supplying all commercial and residential users of water within the Beloit water system. In any event Sebring shall not be required to supply under this Agreement, more water per day than was originally designed into the Sebring Water Treatment and Distribution System for the use of the inhabitants of Beloit, to wit: One hundred twenty thousand (120,000) gallons per day.
(d) Sebring agrees to provide a qualified water operator to perform all tests deemed necessary by Sebring for the Beloit water distribution system. Testing shall include daily chlorine residuals, bacteria testing, and daily turbidity.
(e) Sebring shall be responsible for all water treatment for water sold to Beloit.
(f) Sebring shall provide all labor, materials, and equipment to perform the tasks set forth in subsection (e) hereof in the Beloit water distribution system.
(g) Any time repair and/or maintenance is to be performed by Beloit on the Beloit Water Distribution System, Sebring shall be notified in advance of such work. If any notices are required to be transmitted to the Ohio Environmental Protection Agency (OEPA) it shall be the responsibility of the permit holder, the Village of Sebring (Assistant Service Director) to promptly give notice to the OEPA. Should the Village of Beloit fail or delay giving notice of any repairs or maintenance to Sebring, or otherwise cause the Village of Sebring to incur a Notice of Violation from the OEPA, the Village of Beloit will be responsible to pay any and all costs associated with such Notice of Violation, including but not limited to paying for any required notices to customers incurred by the Village of Sebring.
(h) Bills for work in subsection (g) hereof, by Sebring, shall be generated on a monthly basis and shall be due thirty days after the billing.
(i) Beloit shall adopt water regulations identical to those of Sebring.
(j) Sebring agrees to read the residential and commercial users' meters and to bill directly for their water usage. Costs of all water sold and delivered by Sebring to Beloit customers, during each billing period according to the published rates of Sebring plus a total surcharge of fifty percent (50%). Cost of all water sold through the Beloit water system to customers outside of Beloit shall be the published rate plus the current surcharge for customers outside of Sebring. All funds collected by Sebring shall be retained by Sebring.
(k) If in the sole opinion of the Village Manager (Service Director) the Village of Beloit causes a Notice of Violation to be issued by the OEPA to be issued to the Beloit shall pay a penalty of one thousand dollars ($1,000.00) to the Village of Sebring as a penalty for their action or failure to act.
(1) If any sums due to Sebring by Beloit under these water rules is delinquent for thirty days Sebring will have the right to shut off the water delivered to Beloit until such sums are paid.
(l) All rate increases on water sold by Sebring to its residential customers, shall cause the rates to Beloit water system to increase at the same rate.
(m) Any penalties for late payment, water shut-off or any other reason charged by Sebring to its customers shall apply to Beloit water system customers.
(n) Any delinquent water accounts in the Beloit water system may be shut-off in accordance with the water rules in effect for Sebring at that time.
(o) The Village of Sebring shall have the right to certify any unpaid water balances in the Beloit water distribution system to the real estate taxes of the customer.
(p) Sebring shall not re-connect any customer of the Beloit water distribution system until all delinquent charges and penalties are paid in full including any charges reduced to a lien on the real estate.
(q) Unmetered water shall be defined as the difference of the amount passing through the master meter and the amount billed to end users by the Village of Sebring on behalf of Beloit. Sebring agrees to forward meter reading and billing reports as they are generated by Sebring. These reports shall be in a form as adopted by Sebring. Sebring will forward all telemetry reports relative to the Beloit on a monthly basis in a form adopted by Sebring.
(r) Beloit shall pay one hundred per cent (100%) of the cost of unmetered water at the same rate charged to customers of Sebring's water system, no surcharge will be charged for this unmetered water. The bill to Beloit for unmetered water shall be contemporaneous with the billing of all customers by Sebring and billed to Beloit at that time. Beloit shall have thirty (30) days to pay the bill.
(s) If for any reason Beloit terminates its purchase of water with Sebring it will immediately (on or before of the date of termination), at its own expense, install a back flow preventer of such size and design as required by Sebring at its sole discretion.
(t) Should Sebring declare a "water shortage emergency" pursuant to Section 521.11 of the Codified Ordinances of Sebring, Beloit shall impose identical restrictions upon usage of water on its customers.
(u) Sebring shall, at its sole discretion, stop and/or limit the supply of water to Beloit, on a temporary basis, for the purpose of making repairs, extensions, or any other alterations to the water system. Sebring shall provide reasonable notice of any stoppage or limitation of water service to Beloit.
(Ord. 19-2021. Passed 4-26-21; Ord. 75-2023. Passed 12-11-23.)