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Res 2005-127
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Res 2005-127
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8/27/2007 8:25:27 AM
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8/27/2007 8:22:51 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Contract
Number
2005-127
Date
9/20/2005
Volume Book
163
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<br />City of San Marcos/Guadalupe-Blanco River Authority <br />Water Treatment Facilities <br /> <br />Service Contract <br />Article X - Service Fee and Other Pavrnents <br /> <br />reasonably require to determine the accuracy and appropriateness of the invoice. The City <br />shall pay the invoice within 20 days of receipt. <br />SECTION 10.8. ESTIMATES AND ADJUSTMENTS. (A) Pro Rata Adiustments. <br />Any computation made on the basis of a stated period shall be adjusted on a pro rata basis to <br />take into account any initial or fmal period which is a partial period. For purposes of this <br />subsection, a month shall be taken as a month containing 30 days and a year shall be taken <br />as a year containing 360 days. <br />(B) Budgeting. For City budgeting purposes, no later than July 18t <br />preceding each Contract Year, the Authority shall provide to the City a written statement <br />setting forth for such Contract Year its reasonable estimate of the aggregate Service Fee, each <br />component thereof, and the estimated Service Fee Adjustment Factors. The monthly billing of <br />the Base Fee portion of the annual Service Fee shall automatically increase by the Adjustment <br />Factors in the month following each Commencement Date anniversary. Other components of <br />the annual Service Fee including Pass-through Costs and Extraordinary Item Costs shall be <br />billed in the month following their incurrence. <br />(C) Adiustment to Service Fee. If any adjustment to the Service Fee is <br />required pursuant to any express provision of this Service Contract, the party requesting the <br />adjustment shall submit to the other party a written statement setting forth the cause of the <br />adjustment, the anticipated duration of the adjustment, and the amount of the adjustment, as <br />appropriate. Except to the extent that a longer period is otherwise specifically provided for in <br />this Service Contract, any request for adjustment of the Service Fee hereunder shall be <br />accepted or rejected by the party receiving the request within 45 days of receipt. If the <br />receiving party does not notify the requesting party of its rejection and the reasons for the <br />rejection within such 45-day period, the request shall be deemed rejected. A rejected request <br />may be resubmitted, with or without change, and this paragraph shall apply to such <br />resubmitted request as it applies to an original request. Any Service Fee adjustment request <br />which is not rejected or deemed rejected shall take effect as of the next monthly billing period <br />thereafter, or as otherwise agreed to by the parties. <br />SECTION 10.9. BILLING STATEMENT DISPUTES. If the City disputes any <br />amount billed by the Authority, the City may either (1) pay the disputed amount when <br />otherwise due, and provide the Authority with a written objection indicating the amount that is <br />being disputed and providing all reasons then known to the City for its objection to or <br />disagreement with such amount, or (2) withhold payment of the disputed amount and provide <br />the Authority with written objection as aforesaid within the time when such amount would <br />otherwise have been payable. When any billing dispute is fmally resolved, if payment by the <br />City to the Authority of amounts withheld or reimbursement to the City by the Authority of <br /> <br />70 <br />
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