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ARTICLE II. WATER* Page 17 of 19 usage which are located on the property location to which reclaimed water will be delivered. (Ord. No. NS-2045, § 3, 12-4-89) Sec. 39-39. Same --Purchase of water by user. (a) The city will supply reclaimed water to the user, and the user shall purchase reclaimed water for the location(s) and purposes and in the estimated amounts set forth in its reclaimed water user agreement. (b) The user shall commence taking deliveries of reclaimed water after receiving written notice of availability from the city. To the extent that the user's then -current use of its property necessitates the use of reclaimed water, the user will continue to purchase reclaimed water from the city. In the event that the current use of the property is discontinued or is modified, reclaimed water service may be terminated by mutual agreement in writing by the city and the user. (c) The city reserves the right to control and schedule the use, distribution and delivery of reclaimed water if, in its reasonable discretion, control and scheduling are necessary to maintain the reclaimed water distribution system in acceptable working condition. Scheduling may include, but is not limited to, varying rates of pressure and programming deliveries to the user and/or to portions of the user's property. (d) If at any time during the construction or operation of the project facilities real or potential hazards, or evidence of a hazard, are found to exist, the city reserves the right and has the authority to terminate reclaimed water service to the user's property in the interest of protecting the public health. Service shall be reinstated upon abatement of the hazard. If service is terminated pursuant to this section, the city may supply the user with water from its potable water sources or an alternative reclaimed water system at the then -current reclaimed water rate for up to thirty (30) days; after thirty (30) days and until such time as the delivery of reclaimed water is reinstated, the user shall pay the potable water rate if potable water is supplied or the reclaimed water rate if an alternative source of reclaimed water is used. (e) In the event the lack of delivery of reclaimed water is the result of an operational fault of the city, the rate for the water delivered through the system will be equal to the then -current rate for reclaimed water for a period of up to thirty (30) days; thereafter, the user shall pay the regular potable rate. If the inability to deliver is beyond the control of the city, the city shall charge and the user shall pay the regular potable rate. (f) In the event that OCWD ceases the production and distribution of reclaimed water or in the event that the treatment criteria imposed by any regulatory authority exceeds or differ significantly from those existing as of the date of the execution of the reclaimed water user agreement and application for water service, the city shall supply potable water at the then - established potable water price. The city shall incur no liability to the user by reason of the temporary cessation of delivery of reclaimed water or by reason of the termination of such delivery. (Ord. No. NS-2045, § 4, 12-4-89) Sec. 39-40. Same --Price of reclaimed water. The price to be paid by the user for all reclaimed water delivered by the city shall be established by resolution of the city council of the city, subject to the provision of the user's reclaimed water user agreement. (Ord. No. NS-2045, § 5, 12-4-89) 19F-119 http://Iibrary2.municode.com/default-test/DocView/14452/l/242/244 3/3/2009