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Res 1997-109
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Res 1997-109
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6/11/2007 3:58:41 PM
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6/11/2007 3:58:41 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
1997-109
Date
6/23/1997
Volume Book
129
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<br />. <br /> ?OQ <br /> If upon any test of the water meter(s), the percentage of <br /> inaccuracy of such metering equipment is found to be in excess of <br /> five percent (5%), registration thereof shall be corrected for a <br /> period extending back to the time when such inaccuracy began, if <br /> such time is ascertainable. If such time is not ascertainable, <br /> then registration thereof shall be corrected for a period extending <br /> back one-half 0) of the time elapsed since the last. date of <br />... calibration, but in no event further back than period of six (6) <br />! months. If any meter ( s) are out of service or out of repair so <br /> that the amount of water delivered cannot be ascertained or <br /> computed from the reading thereof, the water delivered through the <br /> period such meters(s) are out of service or out of repair shall be <br /> estimated and agreed upon by the City and GBRA upon the basis of <br /> the best data available, and, upon written request, the Party <br /> responsible for metering shall install new meters or repair <br /> existing meters at the cost of Party responsible for metering. If <br /> City and GBRAfail to agree on the amount of water delivered during <br /> such period, the amount of water delivered may be estimated by: <br /> (1) correcting the error if the percentage of the error <br /> is ascertainable by calibration tests or <br /> mathematical calculation; or <br /> (2) estimating the quantity of deliver~ by deliveries <br /> during the preceding periods under similar <br /> conditions when the meter or meters were <br /> registering accurately. <br /> Section 25. Quality. <br /> <br /> The water to be supplied to City by GBRA is untreated water as <br /> it is found in the Guadalupe River at the Point of Diversion. The <br />- water to be delivered by City and received by GBRA at the Point of <br />¡ Delivery shall be potable water from the Plant meeting applicable <br /> state and federal purity standards for potable water. <br /> Section 26. Title. <br /> Title to all water supplied hereunder shall be in GBRA from <br /> the Point of Diversion to the Plant, then in City up to each GBRA <br /> Point of Delivery, at which point title shall pass to GBRA. City <br /> and GBRA hereby agree to save and hold each other harmless from all <br /> claims, demands, and causes of action which may be asserted by <br /> anyone on account of the transportation and delivery of said water <br /> while title remains in the other Party. <br /> Section 27. Other Charges. <br /> In the event any sales or use taxes, or other taxes, <br /> assessments, or charges of any similar nature are imposed on <br /> diverting, storing, delivering, gathering, impounding, taking, <br /> selling, using or consuming the water from the Project, the amount <br /> -18- <br />
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