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 established to assure, within the capabilities of the Facilities, the availability of Finished Water to the System even in the event of a power outage or if needed for fITe-fighting purposes. The Authority shall monitor measuring devices in the City's Finished Water reservoirs, sufficient for determining the level of Finished Water in the such reservoirs on a continuous basis. SECTION 7.4. PRODUCTION EFFICIENCY GUARANTEE. (A) Standards. Except to the extent relieved for Uncontrollable Circumstances or City Breach, the Authority shall operate the Plant to achieve Unaccounted-For Water of 5% or less on an annual average basis over the course of each Contract Year following the Commencement Date. (B) Preventing Recurrence of Violations. In the event the Authority fails to comply with the Production Efficiency Guarantee set forth or referred to in this Section, and is not excused by Uncontrollable Circumstances or City Breach, in addition to any other remedy available to the City hereunder, the Authority shall implement changes in operating, maintenance, repair, replacement and management practices in accordance with Good Industry Practice in order to achieve the Production Efficiency Guarantee. SECTION 7.5. WATER PRESSURE AND FLOW GUARANTEE. The Authority shall operate and maintain the Facilities in accordance with the requirements of Applicable Law and this Service Contract with respect to water pressure and emergency fire flow capacity requirements. Pressures and flows that do not fulfill the requirements of the Service Contract will not be the responsibility of the Authority if those failures are due to Uncontrollable Circumstances, City Breach or malfunctions and inadequate capacity in the System, including but not limited to leaks, closed valves or localized water hammer effects not caused by the Authority's operation of pumps at the Plant or the Wells. SECTION 7.6. WATER QUANTITY GUARANTEE. The Authority shall fumish Finished Water to meet the City's demand and to meet emergency fire flow capacity requirements in accordance with Applicable Law. In addition, within the capacities of the Plant and Wells, the Authority shall fumish Finished Water in the quantities required under the City's agreement to provide Finished Water to the City of Kyle and other similar customers designated by the City during the Term of the Service Contract. However, the Authority is not required to fumish such Finished Water to the extent the System does not have the capacity to deliver such Finished Water to the City of Kyle or other similar customers. SECTION 7.7. EDWARDS AQUIFER AUTHORITY REQUIREMENTS. The Authority shall cooperate with the City in fulfilling the City's strategy to meet Edwards Aquifer Authority requirements. The City shall determine the quantity of water to be produced by the Authority from the Wells and shall provide direction to the Authority about such quantities on a regular basis. Such directions from the City will not require that the Authority pump more water from Edwards Aquifer Authority than allowed under Edwards Aquifer Authority pumping restrictions or critical period reduction rules based on declining aquifer levels. The City 51