Res 2006-045 - Laserfiche WebLink

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I I I E. No Continued TXI Liability or Responsibility for Delivery Facilities. The City shall have the exclusive control and responsibility for the design and implementation of the Delivery Facilities, it being understood that TXI's review, comment and approval of costs or other features does not constitute or imply approval of construction, design, or implementation methods, procedures, or safety standards by TXI, nor shall such approval relieve the City of its responsibilities to comply with the ongoing terms ofthis Contract. After completion of the Delivery Facilities, TXI shall have no further duty to pay for maintenance, testing, or improvements to the Delivery Facilities which may be required for any reason, and such further duty being the sole responsibility of the City. Section 2.04. Easements and Permits. Subject to TXI's obligations under Section 2.03.B above, the City will be responsible for obtaining all easements and permits needed for the Delivery Facilities. In the event the City is unable to obtain a needed easement through voluntary conveyance by a property owner, the City may use its eminent domain authority to obtain the easement. The exercise ofthe power of eminent domain will be at the sole discretion ofthe City, provided that ifthe City is not successful in completing construction ofthe Delivery Facilities to the TXI Facility, it shall be required to repay certain amounts to TXI as set forth above in Section 2.03D. Section 2.05. TXI Inspection of Construction. TXI will have the right to inspect the Delivery Facilities during the process of construction, and upon completion. The City will ensure that TXI representatives are provided with reasonable access to construction sites for this purpose. Section 2.06. Operation and Maintenance of Delivery Facilities. The City will be responsible for operation and maintenance ofthe Delivery Facilities. The City will comply with all applicable laws, regulations, and ordinances relating to the Delivery Facilities, the Reclaimed Water and the City's other duties set forth in this Contract, at the City's sole cost and expense. Section 2.08. Connections to Delivery Facilities. The City will ensure that any connections made to the Delivery Facilities to serve other customers are equipped in such a way that the City is able to comply with its supply obligations to TXI under this Contract. In the event of an uncontrollable circumstance set forth in Section 4.04 below which reduces Reclaimed Water available below the Maximum Quantity TXI shall not be cut back from its usage of Reclaimed Water to a greater percentage than any and all other customers of the City, or the City itself. Section 2.09. On-Site Facilities of TXI. TXI will be responsible for construction and maintenance of all facilities on TXI's property needed to transport the Reclaimed Water from the Point of Delivery to the points on TXI's property where the Reclaimed Water will be used. Article 3. Payments for Reclaimed Water and Other Terms of Supply Section 3.01. Payment. TXI will pay to the City at the City's billing offices in San Marcos, Texas, within 15 days after receipt of the itemized statement each month: (a) an initial rate of$ 1.21 per 1,000 gallons of Reclaimed Water furnished (the "Initial Rate"), for a period often years beginning with the completion and acceptance of the Delivery Facilities, and (b) thereafter, at the prevailing reclaimed water rates determined by the City's governing body. /I<13Pl ~) 5