Res 2009-038 - Laserfiche WebLink

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Customers of the City and GBRA shall not be entitled to any equity interest in the Raw Water Delivery System for any reason including, without limitation, the payments made to the City or GBRA under this Agreement or under any agreements between either Party and that Party's customers. Section 23. Payments for Water Treatment and Delivery. (1) O&M Rate Charge. The City shall annually establish a rate in accordance with accepted rate making practices to be charged to and paid by GBRA for the treatment and delivery of treated water, if any, to GBRA at the Point of Delivery (the "Operation and Maintenance Rate" or "O&M Rate"). The O&M Rate set by the City each year shall be a function of the total Net Plant Operating and Maintenance Costs estimated to be incurred and total treated water estimated to be delivered during the next City fiscal year. The annual O&M Rate shall be set by the City on or before the last day of July preceding the fiscal year to which it shall apply. The O&M Rate shall be calculated by dividing the total Net Plant Operating and Maintenance Costs estimated to be incurred by the total treated water estimated to be delivered by the Plant, in thousands (1,000) of gallons, during the next City fiscal year. The O&M Rate will then be assessed each month during the applicable fiscal year against every thousand gallons of treated water delivered to GBRA during the month preceding the bill ([O&M Rate times number of thousand gallons of treated water delivered to GBRA] = amount to be charged to and paid by GBRA). (2) Other Charges. To the extent not already included in the Operation and Maintenance Expenses as part of the O&M Rate charged to GBRA under this Section 23,_GBRA shall additionally be responsible for any of the following costs incurred by the City: (a) GBRA's pro rata share of the construction of any treatment capacity above the City's 6 MGD requested by GBRA as part of the initial phase of the Plant pursuant to Section 4, above; and (b) GBRA's incremental share of the construction of any expansion treatment capacity that is requested by GBRA from time to time pursuant to Section 4, above; (c) GBRA's pro rata share of the incremental cost of the construction of any expansion treatment capacity that is requested jointly by GBRA and the City from time to time pursuant to Section 4, above; and (d) GBRA' s prorata share of the cost of the real estate acquisition of the Plant Site based upon the percentage ownership interest in the Plant held by GBRA. (3) Plant Annual Requirement. GBRA shall also be responsible for GBRA's share of the remainder of the Plant Annual Requirement ("GBRA's Share of Remainder of Plant Requirement") which includes any Plant costs not otherwise billed to and paid for by GBRA pursuant to other provisions of this Section. GBRA's Share of Remainder of Plant Requirement -16-