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Res 2005-127
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Res 2005-127
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Contract
Number
2005-127
Date
9/20/2005
Volume Book
163
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<br />City of San Marcos/Guadalupe-Blanco River Authority <br />Water Treatment Facilities <br /> <br />Service Contract <br />Article I - Definitions and Interpretation <br /> <br />environmental media anywhere in, on or under the Facilities (including the presence in surface <br />water, groundwater, soils or subsurface strata) as of the Contract Date, unless for both (1) and <br />(2) above, the Authority has caused such condition to occur or knew or should have known <br />that such condition existed prior to the Contract Date. <br />"Prime Rate" means the prime rate as published in The Wall Street Journal <br />(Eastern Edition), or a mutually agreeable alternative source of the prime rate if it is no longer <br />published in The Wall Street Joumal (Eastem Edition) or the method of computation thereof is <br />substantially modified. <br />"Pump Stations" means those pump stations described in Appendix 1 that are a <br />part of the Facilities and the System. <br />"Rating Service" means Moody's Investors Service, Inc., Standard & Poor's <br />Ratings Services, a division of The McGraw-Hill Companies, Inc., or Fitch, Inc. or any of their <br />respective successors and assigns and, if such corporations shall be dissolved or liquidated or <br />shall no longer perform the functions of a securities rating agency, "Rating Service" shall be <br />deemed to refer to any other nationally recognized securities rating agency designated by the <br />City. <br /> <br />"Raw Water" means any untreated surface water made available by the City for <br />treatment by the Plant. <br />"Reference Documents" means the documents identified in Appendix 2 and the <br />City Utility Contracts. <br />"Regulated Substance" means (1) any oil, petroleum or petroleum product and <br />(2) any pollutant, contaminant, toxic substance, toxic pollutant, solid waste, municipal waste, <br />or industrial waste that is defmed as such by and is subject to regulation under any Applicable <br />Law. <br /> <br />"Renewal Term" has the meaning specified in Section 3.2. <br />"Required Insurance" has the meaning specified in Appendix 9. <br />"Residuals" means any solid or semi-solid material resulting from the treatment <br />of Raw Water which requires disposal as waste material. <br />"RFP" means the City's Request for Proposals for Operation, Maintenance and <br />Management of Water Facilities on January 11, 2004, as supplemented and amended by <br />subsequent amendments and requests for clarifications. <br />"Safety and Security Plan" means the plan developed by the Authority which <br />addresses (1) reasonable precautions for the safety of, and reasonable protection to prevent <br />damage, injury or loss by reason of or related to the operation of the Facilities to (a) all <br />employees working at the Facilities and all other persons who may be involved with the <br />operation or maintenance of the Facilities, (b) all visitors to the Facilities, (c) all machinery, <br /> <br />12 <br />
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