Res 2009-038 - Laserfiche WebLink

Home Browse Search

(19) "Raw Water Delivery System" means all facilities designed and constructed by GBRA for diverting water from Guadalupe River at the Point of Diversion to the Plant pursuant to this Agreement, all other facilities that may be agreed upon by the Parties designed and constructed by GBRA for diverting water from other sources to the Plant or for storage of raw water prior to treatment, together with all lands and interests in land on which such facilities are located. (20) "Raw Water Delivery System Annual Requirement" means the total amount of money required for GBRA to pay all Operation and Maintenance Expenses of the Raw Water Delivery System, to pay the debt service on any Raw Water Delivery System Project Debt Instruments, and to maintain balances in any special or reserve funds required by the provisions of any Raw Water Delivery System Project Debt Instruments. Section 2. Term. The term of this Agreement shall be effective as of July 1, 1997 and shall continue in effect for an initial term of fifty (50) years or until all of the Project Debt Instruments (including principal and interest) for the initial phase of the Project have been fully paid, whichever occurs later (the "Initial Term"). Upon termination of the Initial Term, this Agreement shall be renewed or extended at the request of either Party for an additional fifty (50) years under such terms and conditions as may be agreed upon by GBRA and the City. The City's Raw Water Contract is hereby amended to extend its term so that it terminates upon expiration of the term of this Agreement. Section 3. Rights after Termination. Except as specifically provided otherwise in this Agreement, all of the rights and obligations of the Parties under this Agreement shall terminate upon termination of this Agreement, except that such termination shall not affect the rights or liabilities accrued prior to such termination, including the equity ownership interests acquired by the Parties in the Plant and the Raw Water Delivery System, respectively, as provided herein. Section 4. Design Construction Operation and Maintenance and Ownership of the Plant. (1) Plant Design and Construction The City shall design acquire and construct the Plant. The Plant shall be designed and constructed in phases, so that the completed initial phase can be easily expanded from time to time by the Minimum Plant Expansion (3 MGD) or a multiple thereof. The design capacity of the initial phase of the Plant shall be 6 MGD, unless either Party specifies a greater initial capacity as set forth below, or unless the Parties agree otherwise. The amount of any increase in the initial phase capacity of the Plant shall be 1 MGD or a multiple thereof. If either Party desires a greater initial phase capacity, it shall give the other Party notice of the amount of increase -6-