Res 2002-153 - Laserfiche WebLink

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constructing and installing the Kyle WTL. The Kyle WTL will be and remain a part of the Kyle water system and Kyle shall be solely responsible for maintaining and operating the Kyle WTL. Section 3. Meters, Line Extensions and Connections. A. Kyle shall furnish, and San Marcos shall install and maintain, the necessary meters, equipment and devices, of a type approved by San Marcos, to measure the quantity of treated water delivered by San Marcos to Kyle under this Agreement. These meters and other equipment shall be the property of San Marcos. Kyle shall have access to the equipment at all reasonable times, but the reading, calibration and adjustment thereof shall be done only by employees or agents of San Marcos. The results of each reading of the meter or meters shall be recorded and maintained in San Marcos' office, and representatives of Kyle may inspect this information during reasonable business hours. B. San Marcos will have the right to calibrate the meters at any time. Kyle shall have the right to request San Marcos to calibrate the meters not more than once in each 365-day period in the presence of a representative of Kyle. If a test shows a meter to be inaccurate in excess of 5%, San Marcos shall repair or replace the meter, and will make an adjustment to Kyle's account for a period extending back to when the inaccuracy began, if it can be ascertained; and if it cannot be ascertained, then for a period extending back one-half of the time elapsed since the last date of calibration. Adjustment in any event will not go back more than six months. No adjustment will be made for an inaccuracy of 5% or less. If a meter is out of service or out of repair for any reason so that the amount of water delivered through it cannot be measured, the water delivered in the period the meter is out of service or out of repair shall be estimated and agreed upon by the parties on the basis of any check meter that has been installed and is accurately registering. Otherwise, the amount of water delivered may be estimated either by 1) correcting the error if the percentage of the error is ascertainable by calibration tests or mathematical calculation, or 2) estimating by reference to deliveries during the preceding period under similar conditions when the meter was registering accurately. The unit of measurement for all water delivered hereunder shall be 1,000 gallons of water, U.S. Standard Liquid Measure. C. Kyle will construct a water line extension for the initial Point of Delivery from the nearest suitable point of the water line serving the Champions Business Park subdivision to the Point of Delivery. Kyle will also construct the connection at each Point of Delivery. All such construction will be in accordance with plans and specifications that are subject to approval by San Marcos. The connections will be of a nature that prevents the backflow of water from Kyle's water system to San Marcos' water system. Section 4. Compensation. A. Kyle shall pay San Marcos 42~ for each thousand gallons of water measured through the meters at the Points of Delivery. This rate shall be subject to change as of each anniversary of the date of this Agreement by the amount of the change in the Consumer Price Index for All Urban Consumers, published by the U.S. Department of Labor, for the 12 month period preceding the month in which the anniversary date occurs. C:\My DocumentslAGRsmwa.doc Page 3