Res 2005-127 - Laserfiche WebLink

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City of San Marcos/Guadalupe-Blanco River Authority Water Treatment Facilities Service Contract Article VII - Performance water from each raw water source that are treated at the Plant for use by water suppliers other than the City, including the customers of the Authority. SECTION 7.2. WATER TREATMENT GUARANTEE. (A) Applicable Law Limits. The Authority shall operate the Facilities in accordance with Applicable Law and the terms of this Service Con tract. (B) Enhanced Standards. In addition to its obligation to comply with Applicable Law as provided in subsection (A) of this Section and except to the extent relieved by Uncontrollable Circumstances or a specific provision in this Service Contract, the Authority shall operate the Facilities so that Finished Water is produced in compliance with the requirements of Applicable Law and the Enhanced Standards (whichever is more stringent) set forth in Appendix 6 (the "Enhanced Water Standards"). The obligation of the Authority to produce Finished Water in compliance with the requirements of Applicable Law and the Enhanced Standards shall constitute the "Water Treatment Guarantee". (C) Applicability of Water Treatment Guarantee. The Water Treatment Guarantee shall apply, except to the extent excused by Uncontrollable Circumstances or City Breach. (D) Conditions to Relief. In the event and for any period during which the Authority is unable to achieve the Water Treatment Guarantee due to an Uncontrollable Circumstance or City Breach, the Authority shall use reasonable efforts in accordance with Good Industry Practice to comply with the Water Treatment Guarantee. (E) Change in Law Mfecting Finished Water. The parties acknowledge that a Change in Law may affect Finished Water standards or impose more stringent requirements relating to equipment or processes than those established hereunder as of the Commencement Date. In the event such a Change in Law occurs, the Authority shall be entitled to performance relief or additional compensation under Section 12.2 if: (1) such Change in Law imposes a regulatory standard or operating requirement with respect to any particular Finished Water characteristic or parameter which is more stringent or burdensome to comply with than the Contract Standards applicable to such characteristic or parameter, or requires equipment or processes not then in place or practiced at the Facilities; and (2) the Authority is unable to meet the Water Treatment Guarantee, after taking the mitigation measures required under Subsection 12.2 (B) with respect to such a Change in Law. The Parties acknowledge and agree that the costs associated with sampling and additional treatment required by the proposed Long Term 2 Enhanced Surface Water Treatment Rule have not been included in the Service Fee, and therefore will be subject to the provisions of this subsection. SECTION 7.3. WATER AVAILABILITY AND LEVELS. The Authority shall, throughout the Term, operate the Facilities to maintain water in the City's storage tanks at levels established by the City and the Authority. The storage tank level set points will be 50