Res 2009-038 - Laserfiche WebLink

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parties shall either terminate upon the expiration of the GBRA Reservation or GBRA shall present the City simultaneously with a copy of any such contract a written request for at least a Minimum Plant Expansion to be operational by a date certain, such date to be not earlier than eighteen (18) months from the date the City receives such request and not later than the expiration of the GBRA Reservation. GBRA shall pay the City for treated water made available out of said 2.0 MGD capacity in accordance with Section 23 of this Agreement. Section 8. Raw Water Delivery System Capacity for the City. GBRA shall reserve for the City through the term of this Agreement conveyance capacity of 9 MGD in the pipeline or pipelines constructed for the initial phase of the Raw Water Delivery System. GBRA shall also reserve for the City throughout the term of this Agreement pumping capacity of 6 MGD plus any additional pumping capacity that may be requested by and installed for the City from time to time, up to a total maximum pumping capacity reserved for the City of 9 MGD, subject to the reservation for GBRA of a portion of such capacity pursuant to Section 9, below. Section 9. GBRA's Use of the Raw Water Delivery System. Subject only to the reservations of capacity for the City set forth in Section 8, above, GBRA shall have the absolute right to use the Raw Water Delivery System to divert raw water from the Guadalupe River and other sources that may be agreed upon by GBRA and the City and to convey and deliver raw water to the Plant or to any person or location desired by GBRA. Additionally, GBRA shall also have the right to use raw water pumping capacity in the pumping facilities located at the Point of Diversion in the amount of 1.5 MGD, from and out of the portion of the capacity installed and reserved for the City during the term of the GBRA Reservation described in Section 8 above. The City and GBRA shall review this reservation of conveyance capacity 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 pumping capacity for GBRA from and out of the portion of the pumping capacity installed for the City. Notwithstanding anything contained in this Section 9 to the contrary, no interconnection by which GBRA supplies raw water from the Raw Water Delivery System to any person or location other than the Plant shall be constructed in a manner that would adversely impact the delivery of Canyon Lake Water to the Plant in the volumes desired by the City. Provided, further, that any such interconnection shall be constructed at GBRA's sole expense with either a satisfactory air gap or backflow protection device(s) that meets the applicable requirements of the Texas Commission on Environmental Quality ("TCEQ"), or any successor agency to prevent the degradation of the water being delivered to the Plant. Section 10. GBRA Sales of Treated Surface Water from the Plant to Third Parties. GBRA agrees that it will not enter into any contract for the sale of treated surface water from the Plant for use within the City's Service Area (hereinafter defined) without first receiving the City's written approval of the same, which approval shall not be unreasonably withheld. The "City's Service Area" is defined generally as the area contained within a line one (1) mile outside the City's extraterritorial jurisdiction ("ETF), as the same may be modified from time to -10-