10-C LCWSD Wholesale Treated Water Contract

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1.29. "Test Year" means the twelve-month period ending September 30 of the prior calendar year that will serve as the basis for the Cost of Service Study. 1.30. "Total Maximum Diversion Rate" means the highest rate of flow of Treated Water Paris agrees to produce for LCWSD at the Water Treatment Plant expressed in gallons per hour, as identified in Articles 2.2, 2.3 and 4.4 of this Agreement. 1.31. "Treated Water" means water treated to the level required by the standards of the TCEQ or other state agency of appropriate jurisdiction. Provided however, LCWSD may request that Paris modify the operation of its treatment system to assist LCWSD in meeting TCEQ regulations, including disinfection byproduct requirements, throughout its system. If Paris agrees to such modifications, LCWSD shall directly bear all costs of such modification for so long as such modifications are implemented. 1.32. "Volume Charge" means the charge calculated by applying the Volume Rate to the number of gallons of Treated Water provided to LCWSD by Paris as measured by the Meter(s) and billed on a monthly basis. A separate volume charge will be assessed for Treated Water delivered through the Water Distribution System, for Treated Water delivered through the FM 79 Point of Delivery and for Treated Water produced by the City for LCWSD from the Water Treatment Plant. For Treated Water delivered through the Water Distribution System the volume charge assessed will consist of the volume charge for Treated Water delivered through the Water Distribution System plus the volume charge for Treated Water produced by the City for LCWSD from the Water Treatment Plant. For Treated Water not delivered through the Water Distribution System, only the volume charge for Treated Water produced by the City for LCWSD from the Water Treatment Plant will be assessed. For Treated Water delivered through the FM 79 Point of Delivery, the Volume Charge will include a pro-rated portion of the Distribution System Volume Charge as shown on Exhibit 1 plus the Volume Charge for the Water Treatment Plant. 1.33. "Volume Rate" means the dollar amount per 100 cubic feet applied to LCWSD's metered usage of Treated Water in order to calculate the Volume Charge. A separate volume rate will be developed in the Cost of Service Study for Treated Water delivered through the Water Distribution System, for Treated Water delivered through the FM 79 Point of Delivery and for Treated Water produced by the City for LCWSD from the Water Treatment Plant. 1.34. "Water Distribution System" means all facilities, structures, improvements, property, rights, permits, licenses, and other property of any nature whatsoever, now or hereafter owned by Paris, in connection with the storage, transportation, and delivery of Treated Water. 1.35. "Water Rate Study" means that study prepared by R.W. Beck, Inc. on or about May 12, 2005 and which sets forth the cost allocation methodologies used to calculate the Initial Rates under this Agreement. The Water Rate Study is Exhibit 2 to this Agreement. 5 Paris/LCWSD Wholesale Treated Water Contract r"