11A - 2ND READ ORD - WATER AND SEWER with revised ordinance

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property. At locations where recycled water is used exclusively, the city may convert existing service connections (including control valves and meters) from potable to recycled water system connections. The user will own and maintain all facilities on the user's side of the customer control valve. The user shall be held responsible and charged for all water passing through meters at its property, (b) The city reserves the right to determine the size of the recycled water pipeline, the type of pipe, the service connection required, and any and all other appurtenances related to recycled water usage which are located on the property location to which recycled water will be delivered. Sec. 39-35. - Same—Purchase of water by user. (a) The city will supply recycled water to the user, and the user shall purchase recycled water for the location(s) and purposes and in the estimated amounts set forth in its recycled water user agreement. (b) The user shall commence taking deliveries of recycled 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 recycled water, the user will continue to purchase recycled water from the city. In the event that the current use of the property is discontinued or is modified, recycled 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 recycled water if, in its reasonable discretion, control and scheduling are necessary to maintain the recycled 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 Green Acres 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 recycled 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 recycled water system at the then -current recycled water rate for up to thirty (30) days; after thirty (30) days and until such time as the delivery of recycled water is reinstated, the user shall pay the potable water rate if potable water is supplied or the recycled water rate if an alternative source of recycled water is used. (e) In the event the lack of delivery of recycled 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 recycled 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. Ordinance No. NS -XXX Page 31 of 56 11 A-33