§ 47-86 — Same—Variations

Sec. 47-86. - Same—Variations.

(a) If a contract under this division provides for delivery of water by the city at some point away from the main San Jacinto River conveyance systems and the Trinity River conveyance systems of the city and the Coastal Industrial Water Authority, the rate of the otherwise applicable schedule will be increased by agreed amounts so as to allow for the additional cost of service factors, including amortization of the cost of additional facilities and interest. (b) A customer taking untreated water under this division will be relieved from its obligation to take, or pay for, its minimum quantity of water for a single annual period of time, not to exceed 14 days in any calendar year, if such customer's plant or facility substantially ceases operations during such period and if the conditions of this subsection (b) are met. The customer must apply to the utility official at least 30 days prior to the beginning of the cessation of operations. The application, on a form provided by the city, shall be made under oath by the customer, or its duly authorized agent, and shall contain the following: (1) The beginning and ending dates of the cessation of operations and a request that minimum payments be suspended between such dates; (2) The dates of the last preceding cessation of operations and suspension period, if any; (3) The reason that such cessation of operations is necessary; (4) A statement that the cessation of operations cannot reasonably be avoided. If the reason for cessation is maintenance of the customer's plant or facility, the application must state that such maintenance cannot practicably be performed without a cessation of operations. Upon approval of the application by the utility official, the customer's monthly bill or statement shall be adjusted prorata so as to relieve the customer of that portion of its minimum monthly payment corresponding to the cessation period. The provisions of this subsection shall not apply to any circumstances defined as force majeure in any water supply contract or to any other suspension of payments provided for in such contracts.

(Code 1968, § 49-74; Ord. No. 73-2471, § 2, 12-19-73; Ord. No. 77-182, § 1, 2-1-77; Ord. No. 90-635, § 153, 5-23-90)