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<br />" " <br /> rOr: <br /> Section 5. Design, Construction, Operation and Maintenance <br /> and Ownership of the Raw Water Delivery System. <br /> ( 1) Raw Water Delivery System Desiqn and Construction <br /> GBRA shall design, acquire, construct, operate and maintain <br /> the Raw Water Delivery System. The Raw Water Delivery System shall <br />~~,~ be designed, acquired and constructed in phases. The initial phase <br /> shall consist of a pipeline or pipelines with a minimum capacity to <br /> convey 9 MGD of raw water and a pump station or stations at the <br /> Point of Diversion on the Guadalupe River with an installed <br /> capacity of 6 MGD designed for the addition of pumps to easily <br /> increase the pumping capacity, and the necessary real property <br /> interests for purposes of constructing, operating and maintaining <br /> such facilities, unless such initial parameters are enlarged as set <br /> forth below, or unless the Parties agree otherwise. If GBRA <br /> desires to construct a larger diameter pipeline and/or an <br /> additional pipeline as part of the initial phase, it shall give <br /> notice of such enlargements to the City by not later than July I, <br /> 1998. The initial pumping capacity may be increased by 1 MGD <br /> ("Minimum Pump Expansion") or a multiple thereof. After <br /> construction of the initial phase, GBRA shall expand the installed <br /> pumping capacity from time to time at the request of either Party. <br /> The amount of any such expansion shall be thE; Minimum Pump <br /> Expansion or a multiple thereof. <br /> (2) Raw Water Delivery System Operation and Maintenance <br /> GBRA shall be responsible for the operation and maintenance of <br /> the Raw Water Delivery System. <br /> ( 3) Raw Water Delivery System Ownership <br />I <br /> GBRA shall hold legal title to the Raw Water Delivery System, <br /> including all properties, rights of. way, easements and any other <br /> interest in real property acquired for the Raw Water Delivery <br /> System, during the existence of any Project Debt Instruments issued <br /> by GBRA for the acquisition and construction of the initial phase <br /> of the Raw Water Delivery System. After such Project Debt <br /> Instruments have been fully paid, redeemed, or defeased, such that <br /> GBRA has no outstanding debt on the initial phase of the Raw Water <br /> Delivery System, GBRA shall convey to the City, at no cost to the <br /> City, legal title to an undivided interest in the Raw Water <br /> Delivery System equal to the City's percentage interest in the <br /> total capacity of the Raw Water Delivery System at that time. If <br /> GBRA constructs a pipeline or pipelines with a conveyancing <br /> capacity greater than 9 MGD and/or a pumping capacity greater than <br /> 6 MGD in the initial phase of the Raw Water Delivery System, then, <br /> after such Project Debt Instruments have been fully paid, redeemed, <br /> or defeased, such that GBRA has no outstanding debt on the initial <br /> phase of the Raw Water Delivery System, GBRA shall convey to the <br /> City, at no cost to the City, legal title to an undivided interest <br /> -7- <br />