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<br />The City agrees that it will sample the Reclaimed Water as may be required by Title 30, Part 1, I <br />Section 210.34 of the Texas Administrative Code or other applicable regulation; and shall provide <br />the results of such sample to TXI, by emai1 or facsimile. In the event the City learns of sample <br />results which may pose a hazard to health or wellbeing ofTXI workers or equipment beyond those <br />known to exist with Type I reclaimed water, the City will notify TXI of such results immediately. <br /> <br />Section 1.03. Metering Equipment. The City will obtain and install magnetic metering equipment <br />and devices which meet the City's standard specifications for measuring within a tolerance of 2% <br />(the "Accuracy Tolerance") the quantity of Reclaimed Water. The metering equipment will be <br />installed at TXI's property line, which is defined as the "Point of Delivery," The metering <br />equipment shall also include devices and equipment of standard type for the proposed application to <br />limit, measure, and record the rate of flow at the Point of Delivery, to prevent the backflow of water <br />or the contamination of water in the City's distribution system, and to protect and secure the metering <br />equipment and other devices <br /> <br />Section 1.04. Maintenance and Testing of Metering Equipment. <br /> <br />A. The City will maintain the metering equipment within the Accuracy Tolerance, and will <br />test the metering equipment for accuracy at least once every 12 months. <br /> <br />B. TXI may have the metering equipment independently tested at its own cost with 48 hours <br />notice to the City. The City may attend any such test. If a test shows an inaccuracy in the metering I <br />equipment, the City will adjust the monthly billing of a period extending back to the time when the <br />inaccuracy began if such time is ascertainable, or if such time is not ascertainable, for a period <br />extending back to the last test of the metering equipment or 120 days, whichever is shorter, in <br />accordance with the percentage of inaccuracy found during the test, whether above or below the <br />correct volume. In the event the meter fails to register for any period, the City will calculate the <br />usage during the time of meter failure to be the amount of Reclaimed Water furnished during the <br />same period of the previous year, or as otherwise mutually agreed upon by the parties. The City will <br />recalibrate or replace any inaccurate metering equipment at its expense. <br /> <br />Section 1.05. Billing. The City will furnish TXI with an itemized monthly billing statement <br />showing the volume of Reclaimed Water supplied in 1,000 gallon increments and the amounts due. <br /> <br />Article 2. Deliverv Facilities <br /> <br />Section 2.01. Construction of Delivery Facilities. The City will be responsible for securing <br />engineering services, acquiring needed rights-of-way and easements, and securing construction <br />services for the Delivery Facilities for the transmission of Reclaimed Water from the City's existing <br />18-inch reclaimed water pipeline to the Point of Delivery. The City will have plans and <br />specifications for the Delivery Facilities prepared by a professional engineer registered in Texas, and <br />the City will submit these plans and specifications for review and approval by the Texas Commission I <br />on Environmental Quality ("TCEQ"). The Delivery Facilities will include metering equipment <br />provided by the City. TXI will be responsible for the design, construction and maintenance of <br />facilities on its property. It is anticipated that these improvements will include approximately 4,000 <br /> <br />2 <br /> <br />~ 3/,1.1(07 <br />