Res 2009-038 - Laserfiche WebLink

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Section 5, title to any additional pipeline(s) or pump station(s) capacity constructed as part of the Raw Water Delivery System shall be held by the Party that requests and pays for the cost of such expansion(s). Section 6. Approvals of Plans and Specifications; Competitive Bids. Plans and specifications of the initial phase of the Raw Water Delivery System and the Plant, and any expansion of either, shall be approved by the City Manager and the GBRA General Manager. The City and GBRA will obtain timely review and approval of construction plans and specifications for all facilities. After approval of plans and specifications for any phase of the Raw Water Delivery System, GBRA will advertise for competitive bids for construction of that phase. After approval of plans and specifications for any phase of the Plant, the City will advertise for competitive bids for construction of that phase. As required by state law, the City Council and GBRA Board of Directors will approve the bids for their respective portions of the Project. Section 7. Plant Treatment Capacity for GBRA. The City shall reserve for GBRA through the term of this Agreement treatment capacity in the Plant equal to the capacity of the portion, if any, of the initial phase constructed at the request of GBRA above the initial phase capacity of 6 MGD owned by the City, and any expansions thereof subsequently constructed at the request of GBRA, pursuant to the terms of Section 4, above. Additionally, the City shall reserve for GBRA from the effective date of this Agreement through December 31, 2007 or the fourth anniversary of the date the construction of the initial phase of Plant capacity is completed, whichever is later, treatment capacity in the amount of not less than 1.5 MGD and not more than 2.0 MGD (the "GBRA Reservation") at no cost to GBRA, such increase to be effective upon TCEQ's approval of re-rating of the capacity of the San Marcos Water Treatment Plant to approximately 9.0 MGD, or July 1, 2005, whichever is later, from and out of the capacity of the portion of the initial phase of the Plant constructed for and owned by the City pursuant to Section 4, above. During the term of the GBRA Reservation, the City shall have the right to use any portion of the 2.0 MGD capacity reserved for GBRA without any compensation to GBRA so long as GBRA is not using the same. Moreover, in the event that the City determines that it needs additional capacity out of the initial phase 6 MGD of capacity, the City shall have the right to reduce the GBRA Reservation by 0.5 MGD (from 2.0 MGD to 1.0 MGD) by providing GBRA with written notice of such determination ninety (90) days prior to the effective date of such reduction, but only to the extent that GBRA has not contracted with any third party to supply treated water in reliance upon the availability of that 0.5 MGD capacity as of the date of the notice. The City and GBRA shall review this reservation annually, and the City Manager and the GBRA General Manager may, without having to modify this Agreement, from time to time extend and/or otherwise modify the City' s reservation of treatment capacity for GBRA from and out of the portion of the treatment capacity constructed for the City. GBRA shall be free to rely upon the availability of the 2.0 MGD capacity during the term of the GBRA Reservation, as such term may be extended, for purposes of contracting with third parties for the sale of treated surface water from the Plant. Provided, however, that all such contracts with third -9-