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Res 2008-160
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Res 2008-160
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Last modified
11/6/2009 2:05:08 PM
Creation date
12/8/2008 10:11:30 AM
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City Clerk
City Clerk - Document
Resolutions
Number
2008-160
Date
11/18/2008
Volume Book
179
Document Relationships
01222009 Regular Meeting
(Supersedes)
Path:
\City Clerk\01 City Council Minutes\2000 s\2009
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Article 2. Pa ments for Treated Water and Uther Terms of Su 1 <br />Section 2.01. Billing Rate. The initial rate to be paid by Kyle for Treated Water under <br />this Agreement shall be $2.94 per 1,000 gallons of Treated Water furnished after the Effective <br />Date. Thereafter, the rate for Wholesale Treated Water shall be as set periodically by resolution <br />of the San Marcos City Council. <br />Section 2.02. Billing and Payment. At the end of each calendar month, San Marcos <br />shall determine the quantity of water consumed by Kyle and furnish Kyle with an itemized <br />monthly billing statement showing the quantity of Treated Water supplied in 1,000 gallon <br />increments and the amounts due based u on the a licable billin rate. Dn or before the 15th day <br />P PP <br />following the date of the billing statement, Kyle shall pay to Sa?? ??, ,os the amount due for such <br />previous month as stated therein. After that due date, interest shy ? ^crue on all bills at the <br />maximum rate allowed bylaw. In the event Kyle fails to pay any ? narge? den due and payable, <br />San Marcos may give written notice of such delinquency to Ky ?. If all ? ? .lue and unpaid, <br />including interest thereon, are not paid within 45 days after deli ,v of suc' . l?otice, then Kyle <br />agrees that San Marcos shall be authorized, at its option, + ??tu?? '' ` collect any amounts <br />due and unpaid, together with interest thereon and reasc ??ab1P attorneys ? tees and further agrees <br />that San Marcos may, at its option, disconti ? deliver, ?? pater cc ?ered by this Agreement to <br />Kyle until all amounts due and unpaid are paid 1? ? ?ll witi? ?+Pres?' Freon as herein specified. <br />Section 2,03. Minimum Monthly Paymt. Amount. By entering into this <br />A reement, San Marcos will it ??r maj? ?P, adr?_ '?trative and operational expenses <br />g <br />necessary to comply with and mane its ?bligat? s unc??r this Agreement. In order to offset <br />such expense, Kyle will pay to San Mu. ? a minin, m monthly amount of $150.00, regardless <br />of the actual amount of Treated Water deli 4 ?? to K? le each month. <br />Section 2.04. T'vle's C llecti ?, f Fees. Kyle agrees to establish, charge and collect <br />from its water cus? ?mers rate' fey s an, urges sufficient to pay all payments under this <br />Agreement. <br />Sects 12.05. ? '?iction or Cessation of Supply of Treated Water. Except incases of <br />emergency, w??°n notice ' be given as soon as practicable, San Marcos will notify Kyle 30 <br />days prior to undertaking s?. ' .red maintenance of the San Marcos Treatment Plant or other <br />water treatment and water di ?ribution facilities that will require a reduction or cessation of <br />supply of Treated Water to Kyle. San Marcos will notify Kyle as soon as possible of any <br />unscheduled maintenance or failure of the San Marcos Treatment Plant or other water treatment <br />or water distribution facilities that has caused or will cause a reduction ar cessation of supply of <br />Treated Water to Kyle. San Marcos will notify Kyle at least 90 days prior to any other reduction <br />or cessation by San Marcos of supply of Treated Water to Kyle that is authorized by this <br />Agreement, unless the reduction or cessation is the result of a circumstance under Section 4.02 <br />below, or is based upon a default by Kyle. <br />3
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