Res 2009-038 - Laserfiche WebLink

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for any given period of time shall be based upon the amount of treated water, if any, actually delivered to GBRA at the Point of Delivery during that time period, relative to the total amount of treated water delivered by the Plant during that time period. GBRA's Share of Remaining Plant Requirement for any given period of time shall not include costs identified in Sections 23(1) and 23(2) nor include costs associated with the acquisition of any real property or the design, acquisition, installation, or construction of any facilities, other than costs associated with the construction of that amount of treatment capacity, if any, then being reserved for and used by GBRA pursuant to Section 7, above, from and out of the 6 MGD treatment capacity constructed for the City in the initial phase. The City shall be responsible for the remainder of the Plant Annual Requirement. (4) Reconciliation of Actual Costs and Estimated Costs. Within 60 days after the payment by GBRA of the last bill for the preceding City fiscal year billing period, the City shall provide to GBRA a statement of the actual Net Plant Operating and Maintenance Costs for such period. If GBRA's prorata share, based on relative amounts of treated water delivered to the Parties, of the actual Net Plant Operating and Maintenance Costs exceed the amounts billed to and paid by GBRA, GBRA shall pay the difference to the City. If GBRA's prorata share, based on relative amounts of treated water delivered to the Parties, of the actual Net Plant Operating and Maintenance Costs are less than the amounts billed to and paid by GBRA, the City shall refund the difference to GBRA. The actual Net Plant Operating and Maintenance Costs shall include any costs actually expended by the City due to Uncontrollable Circumstances under Section 12.2 of the Plant Operating Agreement (see Attachment "D"). (5) Rates After Retirement of Project Debt Instruments. For budget years following the date on which the City fully pays and retires all of the Project Debt Instruments associated with the Plant, the rates charged by the City to GBRA for the treatment of GBRA's raw water at the Plant and conveyance to the Point of Delivery shall be based solely upon GBRA's prorata share, based on relative amounts of treated water delivered to the Parties, of the Net Plant Operating and Maintenance Costs. No other person or entity shall be entitled to any equity interest in the Plant for any reason including, without limitation, the payments made to GBRA or the City under this Agreement or under any agreements between either Party and that Party' s customers, except as mutually agreed between GBRA and the City. Section 23A. Payments for Plant Expansions. In accordance with the provisions of Section 23(2)(b), once per month during the term of this Agreement but only for as long as GBRA Plant Expansion Debt Instruments are outstanding, the City shall charge GBRA one-twelfth (1/12) of the annual amount required to cover the City's payment obligations under the GBRA Plant Expansion Debt Instruments related to the GBRA Plant Expansion as set forth in the May 2006 First Southwest Final Pricing Summary for the 2006 and 2006A Revenue Bonds, attached hereto as Attachment "E" and made a part hereof, plus a twenty percent (20%) debt coverage fee (the "Debt Service Charge"). As long as the 2006 GBRA Plant Expansion Debt Instruments are outstanding, the Debt Service Charge will be charged by the City and paid by GBRA whether or not any water is treated and delivered to GBRA during the previous month. For any future additional GBRA Plant Expansions, once per month, the City shall also charge GBRA one-twelfth (1/12) of the annual amount required to -17-