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Res 1999-135
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Res 1999-135
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8/23/2006 9:05:38 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
1999-135
Date
6/28/1999
Volume Book
137
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<br />6-28-99 <br /> <br />statement showing 1) the volume of Wastewater measured at the Transfer Point in 1,000 gallon <br />increments and the amounts due for Routine Treatment of the Wastewater; 2) the amount of any <br />surcharge due under the City's industrial wastewater discharge regulations; and 3) the amount of any <br />Supplemental Fee under Section 2.01.C. <br /> <br />Article 2. Obligations of Hays Energy <br /> <br />Section 2.01. Payments. <br /> <br />A. Hays Energy will pay to the City at the rate of 20% of the residential retail wastewater <br />volume charge for the Routine Treatment of the Wastewater, plus any applicable surcharges due <br />under the City's industrial wastewater discharge regulations, at the City's billing offices in San <br />Marcos, Texas, within twenty-five days after receipt ofthe itemized statement each month. This <br />rate will change as changes are made by the City in the residential retail wastewater volume charge. <br /> <br />B. Hays Energy will pay to the City the amounts of all federal, state, and local taxes, fees, <br />and charges that may be applicable to the provision of wastewater treatment services under this <br />Contract. <br /> <br />C. In addition to the fees payable under A and B, Hays Energy will pay to the City a fee (the <br />"Supplemental Fee") for all ofthe Wastewater that cannot be treated utilizing the Routine Treatment. <br />The amount of the Supplemental Fee will be all of the City's actual costs of processing and disposal <br />of the Wastewater. <br /> <br />D. Hays Energy will pay to the City the reasonable costs incurred by the City relating to the <br />permitting, design and construction of the Inj ection Wells or Plant Modifications within fifteen days <br />of the City's delivery to Hays Energy of invoices itemizing these costs. <br /> <br />Section 2.02. Construction of Wastewater Line. <br /> <br />A. Hays Energy will be responsible for designing and constructing the transmission line, <br />associated pumps and equipment (the "Wastewater Line") for the transport of the Wastewater from <br />the Facility to the Treatment Plant. Hays Energy will have plans and specifications for the <br />Wastewater Line prepared by a professional engineer registered in Texas. These plans and <br />specifications will be subject to review and approval by the City, which will not be unreasonably <br />withheld. The City may request that Hays Energy construct the Wastewater Line with a capacity <br />exceeding the City's minimum standards or Hays Energy's needs for the Facility, whichever are <br />greater. The City will reimburse Hays Energy for the additional construction cost of any oversizing <br />requested by the City, with the additional cost being the difference in alternative bids submitted by <br />the construction contractor for the Wastewater Line, one for the size required for Hays Energy, and <br />the other for the size requested by the City. <br /> <br />3 <br />
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