Res 1999-135 - Laserfiche WebLink

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6-28-99 B. Hays Energy will be responsible for obtaining all easements and permits necessary for the Wastewater Line. Easements may be coextensive with those for the reclaimed water supply line to be installed under separate agreement of the parties. Descriptions of all easement areas will be prepared by a land surveyor registered in Texas, and the form of all easements will be subject to review and approval by the City's legal counsel, which will not be unreasonably withheld. In the event Hays Energy is unable to obtain a needed easement through voluntary conveyance by a property owner, Hays Energy may request that the City use its eminent domain authority to obtain the easement. The exercise of the power of eminent domain will be at the sole discretion of the City. Hays Energy will reimburse the City for all costs of any eminent domain proceeding, and will pay the amount of any award or judgment in the proceeding. C. Hays Energy will ensure that the construction is carried out under the supervision of a professional engineer registered in the State of Texas. Hays Energy will include in the construction contract requirements that a) the contractor must maintain commercial general liability insurance coverage for all of its operations under the contract, and b) all persons engaged in work under the contract must be covered by workers' compensation insurance. D. The City will have the right to inspect the Wastewater Line during the process of construction, and upon completion. Upon acceptance of the completed Wastewater Line by the City, Hays Energy will convey title to the Wastewater Line and all easements to the City, free and clear of any liens, and Hays Energy will assign all permits for the Wastewater Line to the City. E. Hays Energy will dispose only of cooling water from the Facility through the Wastewater Line, and the City will not permit any connections to be made to the Wastewater Line for the disposal of untreated wastewater. Section 2.03. Facility Design, Construction and Operation. Hays Energy will design, construct and operate the Facility so that the Wastewater discharged at the Transfer Point meets the following parameters: Characteristic Volume Temperature Parameter 2,175,000 gallons per day Not more than1200 F Effluent from the Treatment Plant (the "Reclaimed Water") will be utilized as the primary source of cooling water make-up at the Facility. River water from the Guadalupe River will be used to supplement cooling water make-up during periods of low Reclaimed Water flow. Composition of the Wastewater will consist of a concentration of four or less cycles of the Reclaimed Water due to evaporative losses during the process. Total dissolved mineral salt content in the Wastewater will be no more than 15% more than that contained in the Reclaimed Water. 4