Ord 1987-020 - Laserfiche WebLink

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ownership of the facility by the City. The Non-Paying Party shall own no capacity in said facility and have no right to use said facility until it repays the other party its actual unpaid pro rata share plus a ten percent (10%) penalty and actual interest costs. If no party assumes the obligation of the Non-Paying Party, the other party may terminate the construction contract and re-bid to continue construction of a downsized facility sufficient to meet only its needs, and the Non-Paying Party must negotiate a new purchase arrange- ment for capaci ty in the Regional Facilities, including payment of any additional costs incurred by virtue of terminating the original contract plus a ten percent (10%) penalty. Section 3.09. Ownership, Operation, and Maintenance of the Facilities. The City shall own, operate, and maintain the Regional Facilities financed by the City and the Dis- trict upon the completion of construction and all final approvals. The City specifically agrees to maintain its wastewater treatment plant in accordance with its Commission permit and all other regulations. The City agrees that in consideration for the District's financial partnership, the District shall retain an exclusive ownership interest in the District's pro rata share of capacity necessary to serve the property wi thin the Di strict as reflected in Exhibi t "D" hereto until the District is annexed by the City or dis- solved, whichever occurs earlier. Additionally, the Dis- trict will convey to the Ci~y for ownership, operation, and maintenance by the City, the District's internal lines, upon acceptance by the Ci ty. The Ci ty wi 11 provide retai 1 utili ty service as described more fully herein to the District, and the City customers within the District will be bound to comply with all City utility rates, requirements, and policies including drought prevention measures so long as they are applied equally to City customers within the District and wi thin the City. The City agrees to own, operate, and maintain all the District's facilities in accordance with all regulatory requirements and standards. The City agrees that it shall not take any action that will impair the District I s use of such utili ties service. Section 3.10. Capacity Requirements. It is acknowl- edged and agreed that for purposes of preliminary planning the District is entitled to approximately 3,252 living unit equivalents ("LUEs") of capacity in the City's uti2.i ty systems at full District build-out as reflected in the Utility Plan. The City acknowledges that the District needs -10-