Res 1998-028 - Laserfiche WebLink

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the City's Water and Wastewater Fund for the use of City real propertYI streets, alleys and utility easements by the City's water and wastewater utility systems. The City shall be responsible for the entire Plant Annual Requirement; except, however, that GBRA shall be responsible for any of the following costs incurred by the City: (1) GBRA's pro rata share of the construction of any treatment capacity above the City's 6 MGD that is requested by GBRA as part of the initial phase of the Plant pursuant to Section 41 above; and (2) GBRA' s incremental share of the construction of any expansion treatment capacity that is requested by GBRA from time to time pursuant to Section 4, above; (3) GBRA' s pro rata share of the incremental cost of the construction of any expansion treatment capacity that is requested jointy by GBRA and the City from time to time pursuant to Section 4, above; and (4) GBRA IS prorata share of the cost of the real estate acquisition of the Plant Site based upon the percentage ownership interest in the Plant held by GBRA. except further, however, that, GBRA shall also be responsible for GBRA's share of the remainder of the Plant Annual Requirement ("GBRA's Share of Remainder of Plant Requirement"). GBRA's Share of Remainder of Plant Requirement for any given period of time shall be based upon the amount of treated water, if any, actually delivered to GBRA at the Point of Delivery during that time period, relative to the total amount of treated water produced by the Plant during that time period. GBRA's Share of Remaining Plant Requirement for any given period of time shall not include costs associated with the acquisition of any real property or the design, acquisitionl installation, or construction of any facilitiesl other than costs associated with the construction of that amount of treatment capacity, if any, then being reserved for and used by GBRA pursuant to Section 7, above, from and out of the 6 MGD treatment capacity constructed for the City in the initial phase. For budget years following the date on which the City fully pays and retires all of the Project Debt Instruments associated with the Plantl the rates charged by the City to GBRA for the treatment of GBRA's raw water at the Plant and conveyance to the Point of Delivery shall be based solely upon GBRA's prorata share based on relative amounts of water treated and delivered, of the Operation and Maintenance Expenses of the Plant. Customers of the City and GBRA shall not be entitled to any equity interest in the Plant for any reason includingl without limitation, the payments made to GBRA or the City under this Agreement or under any agreements between either Party and that Party's customers.