Res 2006-045 - Laserfiche WebLink

Home Browse Search

I I I RET AIL WATER SUPPLY CONTRACT This Retail Water Supply Contract ("Contract") is entered into on March 6, 2007 (the "Effective Date") between TXI Operations, LP, a Delaware business trust ("TXI") and the City of San Marcos, Texas, a municipal corporation (the "City"). Recitals WHEREAS, TXI operates a cement manufacturing facility and an adjacent limestone quarry, crushing, and processing facility (the "TXI Facility") in Comal County, Texas that requires a supply of water for operating purposes; and WHEREAS, the City owns and operates a wastewater treatment plant (the "City Treatment Plant") with a capacity capable of supplying to TXI the amount of water specified in this Contract; and WHEREAS, TXI has investigated the suitability of using water from the City Treatment Plant (the "Reclaimed Water") in the TXI Facility for operating purposes, and has satisfied itself as to this suitability; and WHEREAS, the City desires to sell and TXI desires to purchase Reclaimed Water under the terms and conditions specified in this Contract; and NOW, THEREFORE, in consideration of the foregoing and the following mutual promises, covenants, benefits and agreements contained herein, the City and TXI agree as follows: Article 1. Provision of Reclaimed Water bv the City Section 1.01. Quantity of Water to be Supplied. The City agrees to provide to TXI, and TXI agrees to purchase from the City, Reclaimed Water produced each day at the City Treatment Plant for use at the TXI Facility for operating purposes. The Reclaimed Water will be delivered at a location (the "Point of Delivery") on the TXI property boundary to be designated by mutual agreement of the City and TXL The City will make available to TXI up to 700,000 gallons of Reclaimed Water each day (the "Maximum Quantity"), which may be taken in smaller quantities at TXI's sole discretion without lessening the guaranteed amount for any subsequent day, through the delivery facilities to be constructed under this Contract (the "Delivery Facilities"), at the rate described in Section 3.01, subject to Section 4.04 related to uncontrollable circumstances. TXImay purchase additional quantities of Reclaimed Water from the City in excess ofthe Maximum Quantity at the same price to the extent they are available from production at the City Treatment Plant and deliverable through the Delivery Facilities. The water shall be delivered in a consistent delivery pressure range, at a flow rate of up to 487 gpm. Higher flow rates may be allowed by the City if system conditions permit. Section 1.02. Quality of Water to be Supplied. The City agrees that the Reclaimed Water supplied under this Contract will conform to the standards for Type I reclaimed water contained in Title 30, Part I, Section 210.33 of the Texas Administrative Code. fP:J 3/;'1(07