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215. CITY OF SAN MARCOS, TEXAS SCHEDULE OF WHOLESALE WATER TREATMENT RATES AND TERMS AND CONDITIONS Effective 9/21/2000 PART 1 - GENERAL PROVISIONS Section 1.01. Authority. A. The City of San Marcos (the "City") is a home rule municipality with authority to own and operate water treatment facilities under the provisions of the Texas Local Government Code and the Texas Water Code. B. The City of San Marcos owns the San Marcos Water Treatment Plant (the "Plant"), located near San Marcos, Texas. The City, which operates the Plant under agreements with the Guadalupe-Blanco River Authority ("GBRA"), provides water treatment services at the plant for GBRA and for third parties. Section 1.02. Customer Eli2ibility: Service Area Restrictions. A. This schedule applies only to I) GBRA and 2) wholesale customers of the City that provide for the delivery of raw water to the Plant, and distribute treated water to their retail customers. B. The service offered by the City under this schedule (the "Service") is for treatment of raw water at the Plant. Customers are responsible for conveyance and delivery of raw water to the Plant, and for transmission and distribution of treated water to their customers. C. The provision of Service under this schedule is subject to applicable provisions, including service area restrictions, stated in the City's Regional Water Supply Project Agreement with GBRA dated July I, 1997, as amended. Section 1.03. Applicability of Rules. The rules, regulations, terms and conditions set forth or referenced in this schedule apply to Service provided by the City. Failure on the part of a customer to observe these rules, regulations, terms or conditions, after notice from the City, will give the City the authority to suspend, deny or discontinue the provision of Service to the customer. Section 1.04. Service Interruptions; Waiver of Liabilitv. A. The City will endeavor to use reasonable efforts to prevent interruptions of Service. If interruptions occur, C: ICore II WPDOCSIORDlwater tari ffl. doc the City will endeavor to reestablish Service within the shortest practicable time. B. The City is not liable for any damages, including incidental or consequential damages, caused by service interruptions, events beyond its control, and normal system failures. By acceptance of Service, customers consent to waiver of all such liability. C. The City is not responsible for water quality and water quantity issues related to matters outside the control of the City, and by accepting Service, customers consent to a waiver of all such responsibility. :pART 2 - SERVICE RULES AND REGULATIONS Section 2.01. Application for and Provision of Water Treatment Service. A. Each application for Service will be made on the City's standard application form and will be signed by an authorized representative of the applicant. B. The City, upon verifYing the completeness of the application, will notifY the applicant of the fee amount for the labor, materials and equipment necessary to be installed to initiate Service to the applicant. The City, in its sole discretion, will determine the types of materials and equipment, including backtlow preventive, flow control and remote monitoring and control equipment, needed for the safe and efficient provision of Service to each customer. Upon payment of the fee amount, the City will undertake the provision of the labor, materials and equipment necessary to be installed to initiate Service to the applicant. C. Each customer will be solely responsible for furnishing a supply of raw water for treatment at the Plant. The customer must supply water in an adequate quantity and quality to meet the customer's needs and to allow for appropriate treatment. For purposes of determining adequacy of quantity, the amount of treated water delivered to a customer on a given day will be limited to the quantity of raw water delivered by the customer to the plant that day, less processing uses and losses. The determination of adequacy of water quality will be at the sole discretion of the City or its authorized representative. The City may discontinue the supply of treated water to a customer whenever the quality of the raw water supplied by or for the customer is determined to be inadequate.