Res 2019-188/approving amendment No. 1 to the first amended and restated Regional Project Agreement with the Guadalupe-Blanco River Authority (GBRA) to provide for additional treated groundwater from the Carrizo-Wilcox Aquifer made available by the Allia

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(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 for any given period of time shall be based upon the amount of treated surface water, if any, actually delivered to GBRA at the Point of Delivery during that time period, relative to the total amount of treated surface 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 surface water treatment capacity, if any, then being reserved for and used by GBRA pursuant to Section 7, above, from and out of the 9 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 surface 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 surface 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 and GBRA Plant Expansion Debt Instruments. For budget years following the date on which the City fully pays and retires all of the Project Debt Instruments and the GBRA Plant Expansion 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 II