Laserfiche WebLink
<br />WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Govemment <br />Code, authorizes Paris and LCWSD to enter into this Agreement; and <br /> <br />WHEREAS, Paris and LCWSD concur that the tenns, conditions and considerations <br />stated herein are fair, just and reasonable and will mutually benefit the Parties and serve the <br />public interest; and <br /> <br />NOW, THEREFORE, in consideration of the mutual promIses, covenants and <br />considerations set forth herein, the Parties agree as follows: <br /> <br />ARTICLE I - DEFINITIONS <br /> <br />The following terms shall have the meanings set out below: <br /> <br />1.1. "Agreement" means this Wholesale Treated Water Contract and any subsequent <br />amendments agreed to in writing by the Parties. <br /> <br />1.2. "Approvals" means any and all pem1its, appropriations, clearances, licenses, <br />authorizations, consents, decrees, waivers, privileges, filings, exemptions, easements or <br />approvals of any Person or any federal, state, city, county, local, or regional authorities, <br />departments, bodies, commissions, corporations, branches, agencies, courts, tribunals, <br />judicial authorities, legislative bodies, administrative bodies or regulatory bodies. <br /> <br />1.3. "Capacity Charge" means the fixed annual payment amount to be paid in twelve equal <br />installments for each year, calculated based on the Phase 1 Maximum Hour Capacity <br />Demand as a percentage of the Initial Rated Plant Capacity of the Water Treatment Plant, <br />as shown in Exhibit 1, plus corresponding adj ustments for the commencement of Phase 2. <br /> <br />1.4. "Cost of Service Study" means that study performed annually pursuant to Article 3.2 of <br />this Agreement. <br /> <br />1.5. "Day" means that period of time beginning at 12:00 midnight and continuing through <br />11 :59 PM. <br /> <br />1.6. "Demand Charge" means the fixed annual payment amount to be paid in twelve equal <br />installments for each year, calculated based on the Demand Rate applied to the Maximum <br />Day Metered Demand. A separate demand charge will be calculated for Treated Water <br />delivered through the Water Distribution System, for water delivered through the FM 79 <br />Point of Delivery and for Treated Water produced by the City for LCWSD from the <br />Water Treatment Plant. For Treated Water delivered through the Water Distribution <br />System the Demand Charge assessed will consist of the Demand Charge for Treated <br />Water delivered through the Water Distribution System plus the Demand Charge for <br />Treated Water produced by the City for LCWSD from the Water Treatment Plant. For <br />Treated Water not delivered through the Water Distribution System, only the demand <br />charge for Treated Water produced by the City for LCWSD from the Water Treatment <br />Plant will be assessed. For Treated Water delivered to the FM 79 Point of Delivery, the <br /> <br />2 Paris/LCWSD Wholesale Treated Water Contract <br />