Res 2009-038 - Laserfiche WebLink

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(8) Perform other tasks that GBRA and the City jointly agree would be appropriate. Section 15. Budgets, Audits, and Records. The Plant Operator will provide the Management Committee with the first annual Plant budget four months prior to Plant start-up and subsequent annual budgets by May 1st of each year. The City and GBRA will also submit annual audited financial statements of the Plant and the Raw Water Delivery System to the Management Committee by December 1. All books and records pertaining to this Agreement shall be open and available for copying, inspection, and audit by the City and GBRA. Appropriate retention schedules that comply with state laws shall be agreed upon by both Parties. Section 16. Cooperation. The City and GBRA agree to cooperate with each other in pursuing all necessary permits and approvals needed for the Project and to complete and file all required reports. The City and GBRA further agree to attempt in good faith to resolve amicably any dispute arising from a request to either Party for treated water service from an individual or entity which the other party desires to serve. The City and GBRA further agree to attempt in good faith to develop appropriate uniform water conservation and drought contingency plans, programs and ordinances to be approved by TCEQ for all treated water supplied from the Plant for adoption by GBRA Customers and City Customers. Section 17. Contracts. All contracts pursuant to which either GBRA or the City supply treated water from the Plant to their respective Customers shall be subject to the terms and conditions of this Agreement. Section 18. Regulatory Requirements. This Agreement is subject to all applicable federal, state, and local laws and any applicable ordinances, rules, orders, and regulations of any local, state, or federal governmental authority having jurisdiction. This Agreement is specifically subject to all applicable sections of the Texas Water Code and the rules of the TCEQ, or any successor agency. Section 19. Unconditional Obligation to Make Payments. The City shall be unconditionally obligated to pay, without offset or counterclaim, the payments required under Section 22, below, and GBRA shall be unconditionally obligated to pay, without off-set or counterclaim, the payments required under Section 23, regardless of whether or not the City and GBRA actually acquire, construct, or complete the Project, or whether or not GBRA is actually delivering water from the Raw Water Delivery System to City hereunder, or whether or not City actually receives or uses and treats water from the Raw Water Delivery System whether due to Force Majeure or otherwise, and regardless of any other -13-