1983 Spenwick Place Municipal Utility District mtg minutes/correspondence

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i '. ~ ~ • • ' -4- Calibration of Meter - Not more than three times in each year of operation, City shall calibrate the meter provided by Spenwick, if requested in writing by Spenwick to do so, in the presence of a representative of Spenwick. The parties shall jointly 'observe any adjustments which are made to the meter in case any adjustment is found to be necessary. Inaccuracies of Meter - If, upon any test, the percentage of inaccuracy of any meter is found to be in excess of five percent (5~), registration thereof shall be corrected for a period of time extending back to the time when such inaccuracy began, if such time is ascertainable; and if such time is not ascertainable, then for a period extending back one-half (1/2) of the time elapsed since the date of the last calibration, but in no event further back than a period of six (6) months. If, for any reason, any meters are out of service or out of repair so that the amount of sewage discharged cannot be ascertained or computed from a reading thereof, the amount of sewage discharged during the period such meters are out of service or out of re- pair shall be estimated by City's engineer and agreed upon by the Parties hereto on the basis of the best data available. VI. The Parties hereto recognize and agree that the rates to be charged hereunder, are fair and proper and that such rates recognize the fact that City's sanitary sewerage treatment facilities have been constructed, and in the future will be re- constructed and enlarged, partially with the use of City of La Porte tax funds, and from the proceed of bond sales by the City of La Porte, which will be repaid by tax funds, and that the property within Spenwick's boundaries is not subject to taxation by the City of La Porte. The Parties recognize that the rates charge by City to its customers within its boundaries, do not fully pay for the cost of such service, and that the capital investment in such facilities is provided by tax funds.