§ 28-589. Terms, conditions and provisions of contracts.

Individual contracts entered into pursuant to this article shall contain the following terms, conditions and provisions:

(1)

The wastewater service shall be supplied to existing areas and new subdivisions when all prevailing subdivision laws have been complied with, at rates fixed by the City Council, which may be changed or modified at any time and from time to time by the City Council.

(2)

If a demand or special charge other than the charges set forth in Subsection (3) of this section is prescribed by the Council for services supplied within the City, a charge is to be prescribed by the City Council for similar services supplied under the contracts, which may be changed or modified at any time or from time to time by the City Council.

(3)

The grantee of such rights shall be responsible for the payment of all charges made for such services. Upon the failure, refusal or neglect of the grantee to pay such charges, the services shall be cut off after giving the grantee the same written notice to that effect as is given consumers in the City before such services are cut off.

(4)

The grantee shall agree to indemnify, keep and hold the City free and harmless from liability on account of injury or damages to the grantee or to any other person or property directly or indirectly resulting from the failure of the City to supply such services in whole or in part. If suit shall be brought against the City, either independently or jointly with the grantee on account thereof, the grantee will defend the City in any such suit at the cost of the grantee. If a final judgment is obtained against the City, either independently or jointly with the grantee, the grantee will pay such judgment with all costs and hold the City harmless therefrom.

(5)

The location, character and size of the extensions and the plans and specifications for such connections and extensions and the materials used in the installation, replacement, maintenance and repair of the extensions and connections shall be as specified by the Chief Administrative Officer whose approval must be obtained, or the Chief Administrative Officer may delegate authority to the appropriate department head, and the connections and extensions shall be installed at such points as shall be approved by the department head.

(6)

The City shall have the right to make or permit additional extensions of and connections to all extensions after their construction.

(Code 1993, § 29-141; Code 2004, § 106-543; Ord. No. 2004-360-330, § 1, 12-13-2004)

(Code 1993, § 29-141; Code 2004, § 106-543; Ord. No. 2004-360-330, § 1, 12-13-2004)