Res 2005-127 - Laserfiche WebLink

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ARTICLE VII PERFORMANCE SECTION 7.1. FACILITIES PERFORMANCE GENERALLY. (A) Reliance. The Authority acknowledges that the City, in serving water supply needs of the Service Territory, is providing an essential public service, and in complying with its obligations under Applicable Law is relying on the performance by the Authority of its obligations hereunder. Except to the extent relieved by Uncontrollable Circumstances or a specific provision of this Service Contract relieving the Authority of its obligations, the Authority shall operate the Facilities on a continuous, uninterrupted 24-hour per day, 7-day per week basis. (B) Maximum Capacity Utilization. Within the capacity limits of the Plant and the Wells, the Authority shall utilize the Facilities to supply the amount of Finished Water and Well Water required by the City. The Authority shall not be required by the City to produce Finished Water or Well Water in quantities that exceed such capacities or which produce Finished Water or Well Water that exceeds the quality requirements of any Govemmental Body. The Authority shall not intentionally reduce the level of water treatment capable of being achieved by the Facilities in an effort to reduce its operating and maintenance expenses. (C) Curtailments and Shutdowns. If the operation of the Facilities is temporarily reduced, curtailed or shut down so that the Authority is unable to collect, receive, treat or to deliver Finished Water, in accordance herewith, the Authority shall promptly advise the City as to the nature and probable duration of such reduction, curtailment or shutdown and the expected effect on the operation of the Facilities, and take the steps necessary to remedy the reduction, curtailment or shutdown and to resume full performance hereunder as soon as possible. (D) Limitations on Authority Rights. The Authority shall not use the Facilities for any purpose other than the purposes contemplated in this Service Contract. The only compensation payable by the City to the Authority for providing the Contract Services under this Contract shall be the Service Fee payable by the City hereunder, as that Service Fee is adjusted and may be amended from time to time pursuant to this Service Contract. (E) Selection of Raw Water. The City shall have at all times the right to determine the quantities of raw water from each raw water source to be utilized in the System. The City will regularly communicate to the Facilities Manager the quantities and sources of Raw Water desired by the City. The Authority will manage withdrawals from the Wells to comply with regulatory and contract requirements of the Edwards Aquifer Authority applicable to the City. The Authority shall have at all times the right to determine the quantities of raw 49