Res 2000-135 - Laserfiche WebLink

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Treatment of the Wastewater, plus any applicable surcharges due under the City's industrial wastewater discharge regulations, at the City's billing offices in San Marcos, Texas, within twenty-five days after receipt of the itemized statement each month. This rate will change as changes are made by the City in the residential retail wastewater volume charge. B. Hays Energy will pay to the City the amolUlts of all federal, state, and local taxes, fees, and charges that may be applicable to the provision of wastewater treatment services under this Contract. C. Intentionally omitted. D. Intentionally omitted. Section 2.02. Construction of Wastewater Line. A. Hays Energy will be responsible for designing and constructing the transmission line, associated pumps and equipment (the "Wastewater Line") for the transport of the Wastewater from the Facility to the Treatment Plant. Hays Energy will have plans and specifications for the Wastewater Line prepared by a professional engineer registered in Texas. These plans and specifications will be subject to review and approval by the City, which will not be unreasonably withheld. The City may request that Hays Energy construct the Wastewater Line with a capacity exceeding the City's minimum standards or Hays Energy's needs for the Facility, whichever are greater. The City wi II reimburse Hays Energy for the additional construction cost of any oversizing requested by the City, with the additional cost being the difference in alternative bids submitted by the construction contractor for the Wastewater Line, one for the size required for Hays Energy, and the other for the size requested by the City. B. Hays Energy will be responsible for obtaining all easements and permits necessary for the Wastewater Line. Easements may be coextensive V\.1th those for the reclaimed water supply line to be installed under separate agreement of the parties. Descriptions of all easement areas will be prepared by a land surveyor registered in Texas, and the form of all easements will be subject to review and approval by the City's legal counsel, which will not be unreasonably withheld. In the event Hays Energy is unable to obtain a needed easement through voluntary conveyance by a property owner, Hays Energy may request that the City use its eminent domain authority to obtain the easement. The exercise of the power of eminent domain will be at the sole discretion of the City. Hays Energy will reimburse the City for all costs of any eminent domain proceeding, and will pay the amount of any award or judgment in the proceeding. C. Hays Energy will ensure that the construction is carried out under the supervision of a professional engineer registered in the State of Texas. Hays Energy will include in the construction contract requirements that a) the contractor must maintain commercial general liability insurance coverage for all of its operations under the contract, and b) all persons engaged in work under the 3