In the event that the village enters into an agreement with an industrial user to reserve to it, in whatever manner is used to describe such a reservation, capacity in the Village Wastewater Treatment Facility for either a new industrial use not yet commenced as of the time of such agreement or for additional capacity not then utilized by the said industrial user, the capacity so agreed upon shall be reserved to and for the benefit of the identified industrial user for the following period of time only.
(a) The agreed upon time for construction by the industrial user of new or additional improvements or start up of new or more extensive waste generating processes, if any, which shall make use of the reserve capacity.
(b) Should the industrial user fail to make use of all or any part of the reserved capacity commencing no later than the end of the period designated in subsection (a) above, the village reserves the right to exercise one of the following options.
(1) Assess against the industrial user in question a penalty equal to revenue lost as a result of its non-use of its reserved capacity attributable against the operational costs that otherwise would have been captured from and against the user’s projected use of its reserve capacity, less actual use, if any.
(2) Declare the reservation of capacity null and void, in whole or in part, releasing it for use by other users of the system. This section shall be incorporated by reference in each agreement reserving capacity in the Village Wastewater Treatment System, whether expressly set forth therein or not.
(Ord. passed 1-21-2013)