Res 2009-038 - Laserfiche WebLink

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ascertainable. If such time is not ascertainable, then registration thereof shall be corrected for a period extending back one-half (1/2) of the time elapsed since the last date of calibration, but in no event further back than period of six (6) months. If any meter(s) are out of service or out of repair so that the amount of water delivered cannot be ascertained or computed from the reading thereof, the water delivered through the period such meters(s) are out of service or out of repair shall be estimated and agreed upon by the City and GBRA upon the basis of the best data available, and, upon written request, the Party responsible for metering shall install new meters or repair existing meters at the cost of Party responsible for metering. If City and GBRA fail to agree on the amount of water delivered during such period, the amount of water delivered may be estimated by: (1) correcting the error if the percentage of the error is ascertainable by calibration tests or mathematical calculation; or (2) estimating the quantity of delivery by deliveries during the preceding periods under similar conditions when the meter or meters were registering accurately. Section 25. Quality. The water to be supplied to City by GBRA is untreated water as it is found in the Guadalupe River at the Point of Diversion. The water to be delivered by City and received by GBRA at the Point of Delivery shall be potable water from the Plant meeting applicable state and federal purity standards for potable water. Section 26. Title. Title to all water supplied hereunder shall be in GBRA from the Point of Diversion to the Plant, then in City up to each GBRA Point of Delivery, at which point title shall pass to GBRA. City and GBR.A hereby agree to save and hold each other harmless from all claims, demands, and causes of action which may be asserted by anyone on account of the transportation and delivery of said water while title remains in the other Party. Section 27. Other Charges. In the event any sales or use taxes, or other taxes, assessments, or charges of any similar nature are imposed on diverting, storing, delivering, gathering, impounding, taking, selling, using or consuming the water from the Project, the amount of the tax assessment, or charge shall be included in the Operation and Maintenance Expenses of the Raw Water Delivery System or the Operation and Maintenance Expenses of the Plant as appropriate. Section 28. Default in Payments. All amounts due and owing to City by GBRA or owing to GBRA by City shall, if not paid when due, bear interest at the Texas post- judgment interest rate as set out in TEX. REV. Civ. STAT. ANN. ART. 5069-1.05 (Vernon Supp. 1996) or any successor statute from the date when due until paid, provided that such rate shall never be usurious or exceed the maximum rate as -19-