Res 2005-127 - Laserfiche WebLink

Home Browse Search

City of San Marcos/Guadalupe-Blanco River Authority Water Treatment Facilities Service Contract Article IV - Transition Period SECTION 4.2. CITY TRANSITION PERIOD RESPONSIBILITIES. The City shall use good faith efforts to satisfy the following City responsibilities as soon as practicable after the Contract Date, each of which shall be a condition precedent to the occurrence of the Commencement Date. (1) Govemmental Approvals. The City shall cooperate with the Authority in the submittal of all applications for the Governmental Approvals, if any, which the Authority is obligated to submit pursuant to subsection 4. 1 (A)(3). (2) Service Contract Approvals. The City shall make all submittals and take all other action which is reasonably necessary under Applicable Law in order to apply for any required Service Contract Approval. (3) Transfer of Management Responsibilities. The City shall transfer management responsibility for the Facilities to the Authority, as necessary, as of the Commencement Date, and shall provide for an orderly transfer of responsibility to the Authority. (4) Representations. The representations of the City set forth in Section 2.1 shall be true and correct in all material respects as of the Commencement Date as if made on and as of the Commencement Date, and the City shall deliver to the Authority a certificate of an authorized officer to that effect. SECTION 4.3. COMMENCEMENT DATE CONDITIONS. (A) Commencement Date Conditions Defined. The obligations of the Authority and the City to proceed with their respective obligations hereunder during the Management Period shall not commence until all of the following conditions (the "Commencement Date Conditions") are satisfied or waived by both parties: (1) Authority Transition Period Responsibilities. The Authority shall have fulfIlled all of its responsibilities with respect to the Transition Period under Section 4.1. (2) City Transition Period Responsibilities. The City shall have fulfilled all of its responsibilities with respect to the Transition Period under Section 4.2. (3) Govemmental Approvals. All Govemmental Approvals required for the commencement of the Contract Services shall have been issued or obtained and shall be in full force and effect. (4) Service Contract Approvals. All required Service Contract Approvals, if any, shall have been issued or obtained and shall be in full force and effect. (5) Inventory and Assessment. An inventory and condition assessment of all Transferred Property shall have been conducted as required by Section 8.2, and the parties shall have agreed on such inventory and condition assessment for purposes of such Section. 27