Res 2005-127 - Laserfiche WebLink

Home Browse Search

City of San Marcos/Guadalupe-Blanco River Authority Water Treatment Facilities Service Contract Article I - Defmitions and Interpretation materials and equipment under the care, custody or control of the Authority on the Site, and (d) other property on the Site; (2) reasonable safeguards for safety and protection, including posting danger signs and other wamings against hazards and promulgating safety regulations; (3) notices and compliance with all Applicable Laws relating to the safety of persons or property or their protection from damage, injury or loss; (4) designation of a qualified and responsible employee at the Facilities whose duty shall be responsible for safety, the prevention of fires and accidents and the coordination of such activities as shall be necessary with federal, State and City officials; (5) operation of all equipment in a manner consistent with the manufacturer's safety recommendations; (6) provision for safe and orderly vehicular movement; and (7) development and carrying out of a safety program for the Facilities, including employee training and periodic inspections, designed to implement the requirements of the plan. "SCADA" means, in the context of data gathering and telemetry systems, "Supervisory Control and Data Acquisition." "Senior Supervisor" has the meaning specified in Section 6.5(C). "Service Contract" means this Service Contract for Water Treatment Facilities Operations and Asset Management between the Authority and the City, including the Appendices and the Transaction Forms, as the same may be amended or modified from time to time in accordance herewith. "Service Contract Approvals" means all approvals, authorizations, consents or clearances, if any, necessary to be obtained by the City from the EPA, TCEQ, or any other Govemmental Body in order for this Service Contract to become effective. "Service Fee" has the meaning specified in Section 10.1. "Service Fee Adjustment Factor" has the meaning specified in subsection 10.6(A). "Service Territory" means those areas within the City of San Marcos' Water Service Certificate of Convenience and Necessity, in which customers are served by the Facilities. "Specified Site Conditions" means, and is limited to, (1) the presence at the Facilities of site structures, materials or conditions having historical, archaeological, religious or similar significance, (2) the presence at the Facilities of functioning site structures used by Utility providers on, undemeath, near or adjacent to the Facilities, if not disclosed to the Authority as of the Contract Date, (3) the presence at the Facilities of any habitat of an endangered or protected species as provided in Applicable Law, and (4) unforeseen site geological conditions that could not have been known by the Authority or reasonably been anticipated or discovered with the exercise of commercially reasonable due diligence by the Authority before the Contract Date. 13