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<br /> 24 <br /> EMERGENCY INTERCONNECTION AGREEMENT <br /> BETWEEN THE CITY OF SAN MARCOS AND ELIM WATER CO., INC. <br /> WHEREAS, Elim Water Company, Inc. (hereinafter "Elim") desires an <br />emergency interconnection water source with the City of San Marcos <br />(hereinafter "City") public water supply for Elim's Greenhaven System: <br />and <br /> WHEREAS, the Texas Department of Health Division of Water Hygiene <br />has approved such an interconnection between Elim's Greenhaven System <br />anÇì the City, then <br /> The City and Elim hereby agree as follows: <br /> 1. Elim shall present to the City's Director of Environment and <br />Engineering all plans and designs for the interconnection. No <br />construction work shall commence until said Director approves the plans <br />and designs. <br /> 2. Elim shall bear all costs and fees for the design, <br />construction, installation and maintenance of the interconnection. <br />This includes, but is not limited to, costs and fees for labor, <br />materials, and licenses and any and all incidental or consequential <br />expenses or damages incurred for the design, construction, installation <br />and maintenance of the interconnection. <br /> 3. Elim shall not use the interconnection as a water source <br />unless such use is pursuant to an emergency. (For purposes of this <br />agreement, an emergency constitutes any circumstances where Elim's well <br />ceases to function and such cessation is unavoidable and <br />unintentional.) <br /> 4. Vllien an emergency arises causing Elim to use the <br />interconnection as a water source, such use shall not exceed a period <br />of IS days per occurrence. If such use exceeds IS days per occurrence <br />the City may terminate this agreement at any time without notice. <br /> 5. Elim shall pay the City for all water passing through the <br />interconnection. Payment shall be in accordance with the <br />out-of-city-user rate charged by the City during the period of use. <br />Payment shall be due at the end of the month following use. <br /> 6. Elim shall install and maintain at its sole expense the <br />following: a meter for the purpose of measuring the number of gallons <br />passing through the interconnection; a check valve both before and <br />after the meter: a locking device on both check valves. (Keys to such <br />locks shall be held by both the City and Elim.) <br /> 7. Elim shall unlock the valves and flush its line on a monthly <br />basis so as to assure readiness of a supply of fresh water and to <br />prevent possible contamination of both systems due to stale _te~ ~ <br /> ~ \\~" <br /> ,\ . <br /> . ... :-.-. <br />