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ORDINANCE NO. NS-2045 <br />Page three <br /> <br />property necessitates the use of reclaimed water, user will <br />continue to purchase reclaimed ~ater from city. In the event <br />that the current use of the property is discontinued or is modi- <br />fied, reclaimed water service may be terminated by mutual agree- <br />ment in writing by city and user. <br /> <br /> (c) The city reserves the right to control and <br />schedule the use, distribution and delivery of reclaimed water <br />if in its reasonable discretion, control and scheduling are <br />necessary to maintain the reclaimed water distribution system in <br />acceptable working condition. Scheduling may include, but is not <br />limited to, varying rates of pressure, and programming deliveries <br />to user and/or portions of 'user's property. <br /> <br /> (d) If at any time during the construction or <br />operation of the project'facilities real or potential hazards, or <br />evidence of a hazard, are found to exist, city reserves the right <br />and has the authority to terminate reclaimed water service to <br />user's property in the interest of protecting the public health. <br />Service shall be reinstated upon abatement of the hazard. If <br />service is terminated pursuant to this section, city may supply <br />user with water from its potable water sources or an alternative <br />reclaimed water system at the then current reclaimed water rate <br />for up to thirty ~30) days; after 30 days and until such time as <br />delivery of reclaimed water is reinstated, user shall pay the <br />potable water rate if potable water is supplied or the reclaimed <br />water rate if an alternative source of reclaimed water is used. <br /> <br /> (e) In the event the lack of delivery of reclaimed <br />water is the result of an operational fault of city, the rate for <br />the water delivered through the system will be equal to the then <br />current rate for reclaimed water for a period of up to thirty <br />(30) days; thereafter, user shall pay the regular potable rate. <br />If the inability to deliver is beyond the control of city, city <br />shall charge, and user shall pay, the regular potable rate. <br /> <br /> (f) In the event that OCWD ceases the production <br />and distribution of reclaimed water or in the event that the <br />treatment criteria imposed by any regulatory authority exceeds or <br />differs significantly '~rom those existing as of the date of the <br />execution of the "Reclaimed Water User Agreement" and "Appli- <br />cation for Water Service," city shall supply potable water at the <br />then-established potable water price. City shall incur no liabil- <br />ity to user by reason of the temporary cessation of delivery of <br />reclaimed water or by reason of the termination of such delivery. <br /> <br /> SECTION 5: That the Santa Ana Municipal Code is hereby <br />amended by adding a section, to be numbered 39-40, which said sec- <br />tion reads as follows: <br /> <br />Sec. 39-40. Reclaimed Water; Price of <br /> Reclaimed Water <br /> <br />The price to be paid by user for all reclaimed <br /> <br /> <br />