Res 1999-135 - Laserfiche WebLink

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6-28-99 backflow of water or the contamination of water in the City's distribution system, and to protect and secure the metering equipment and other devices. Section 1.03. Maintenance and Testing of Metering Equipment. A. The City will maintain the metering equipment within the Accuracy Tolerance, and will test the metering equipment for accuracy at least once every 12 months. B. Hays Energy may have the metering equipment independently tested at its own cost with 48 hours notice to the City. The City may attend any such test. If a test shows an inaccuracy in the metering equipment, the City shall adjust the monthly billing of a period extending back to the time when the inaccuracy began if such time is ascertainable, or if such time is not ascertainable, for a period extending back to the last test of the metering equipment or 120 days, whichever is shorter, in accordance with the percentage of inaccuracy found during the test, whether above or below the correct volume. In the event the meter fails to register for any period, the City shall calculate the usage during the time of meter failure to be the amount of Wastewater furnished during the same period of the previous year, or as otherwise mutually agreed upon by the parties. The City shall recalibrate or replace any inaccurate metering equipment at its expense. Section 1.04. Alternative Process; Treatment Plant Modifications. A. The parties anticipate that from time to time, the Routine Treatment may not be sufficient, and an alternative treatment and disposal process may be necessary for portions of the Wastewater. The City will determine whether such a process is necessary after consultation with Hays Energy. The alternative process may consist of the use of one or more injection wells (the "Injection Wells") to be installed by the City; if this is the case, the City agrees to 1) apply to the Texas Natural Resource Conservation Commission ("TNRCC") for permits for the Injection Wells, 2) have the Inj ection Wells designed and constructed in accordance with all permit requirements, and 3) use the Injection Wells when necessary to comply with Laws and Regulations that apply to the Treatment Plant. B. In the event the Wastewater is contributing significantly to any infraction of permit requirements for the Treatment Plant, or the TNRCC directs the City to modify chemical parameters or other characteristics of the Treatment Plant effluent that are contributed to significantly by the Wastewater, the City may make modifications to the Treatment Plant (the "Plant Modifications") necessary to ensure compliance with the permit requirements at the expense of Hays Energy. As an alternative, Hays Energy may, at its option and with written notice to the City, diligently proceed to design, construct and implement measures at the Facility, which will be subject to review and approval by the City, to ensure compliance with the City's permit requirements. Section 1.05. Billing. The City will furnish Hays Energy with an itemized montWy billing 2