Common use of Wastewater Service Clause in Contracts

Wastewater Service. The City shall be the retail wastewater treatment service provider to the Development. As retail service provider, the City shall operate, maintain, and repair all components of the WWTP and offsite wastewater system. The City may contract with Aqua so that Aqua may provide wastewater billing services within the District with Aqua’s water billing services. The rates charged by the City within the Development shall be the same as the rates charged by the City to its in-city customers. The City agrees to enter into a retail wastewater treatment service agreement with the District with the following terms: (a) The City will provide or contract for the provision of retail wastewater utility services to the District sufficient to serve the land uses shown on the Concept Plan. The rates charged by the City may be reviewed and adjusted by the City annually, based on a cost of service study performed by the City. In any event, this Agreement does not prevent District customers from appealing the wastewater rates pursuant to §13.043, Texas Water Code. (b) The City will receive, treat and dispose of, or shall contract for the treatment and disposal of, all sewage generated by customers within the District. The City will maintain an adequate wastewater treatment capacity at all times to serve the customers within the District at the same level these services are provided within the City. The City may limit service to the District in the same manner and to the same extent that service is limited inside the City limits. (c) The District will have guaranteed reservation and ownership of capacity in the City’s wastewater utility system as set forth elsewhere in this Agreement. (d) If necessary, the Developer will provide easements within the area of the District for all District master meters in accordance with City Ordinance requirements. Master meters shall be installed to measure District wastewater flows. In the event wastewater mains enter the District from other City service areas, master meters will be installed at both ends of the system serving the District so that the differential flows will be measured to determine flows from District customers. The Developer and/or District shall not be required to provide easements outside the area of the District. (e) Developer will provide the City a “Utility Plan” for review and approval by the City showing the preliminary routing and sizing of the facilities to be constructed to extend wastewater services to the Development prior to the commencement of any construction or development as part of the preliminary plat application. (f) All offsite facilities constructed in support of the Development will be conveyed to the City for ownership, operation and maintenance. The City will accept these offsite facilities for operation and maintenance upon completion of construction and delivery of the required one-year maintenance bonds. All internal facilities within the Development will be conveyed to the District for ownership, operation and maintenance. (g) At its sole discretion, the City may cost participate in the construction of any major offsite utility infrastructure it deems warranted and appropriate. (h) Developer will diligently attempt to obtain the donation of all easements necessary for the construction of the major offsite utility infrastructure shown on the approved Utility Plan. If the Developer is unable to obtain all required offsite easements, the City will acquire, with the prior written consent of the Developer, the easements, utilizing its power of eminent domain, if necessary, at Developer’s expense. Developer will be responsible for construction of the offsite facilities as growth within the Development requires these facilities. The wastewater treatment service agreement may include other standard terms contained in City retail wastewater treatment service agreements that are not in conflict with the terms set forth in this Agreement.

Wastewater Service. The City shall be the retail wastewater treatment service provider to the Development. As retail service provider, the City shall operate, maintain, and repair all components of the WWTP and offsite wastewater system. The City may contract with Aqua so that Aqua may provide wastewater billing services within the District with Aqua’s water billing services. The rates charged by the City within the Development shall be the same as the rates charged by the City to its in-city customers. The City agrees to enter into a retail wastewater treatment service agreement with the District with the following terms: (a) The City will provide or contract for the provision of retail wastewater utility services to the District sufficient to serve the land uses shown on the Concept Plan. The rates charged by the City shall be the same as those charged by the City to in-City customers, and such rates may be reviewed and adjusted by the City annually, based on a cost of service study performed by the City. In any event, this Agreement does not prevent District customers from appealing the wastewater rates pursuant to §13.043, Texas Water Code. (b) The City will receive, treat and dispose of, or shall contract for the treatment and disposal of, all sewage generated by customers within the District. The City will maintain an adequate wastewater treatment capacity at all times to serve the customers within the District at the same level these services are provided within the City. The City may limit service to the District in the same manner and to the same extent that service is limited inside the City limits. (c) The District will have guaranteed reservation and ownership of capacity in the City’s wastewater utility system as set forth elsewhere in this Agreement. (d) If necessary, the Developer will provide easements within the area of the District for all District master meters in accordance with City Ordinance requirements. Master meters shall be installed to measure District wastewater flows. In the event wastewater mains enter the District from other City service areas, master meters will be installed at both ends of the system serving the District so that the differential flows will be measured to determine flows from District customers. The Developer and/or District shall not be required to provide easements outside the area of the District. (e) Developer will provide the City a “Utility Plan” for review and approval by the City showing the preliminary routing and sizing of the facilities to be constructed to extend wastewater services to the Development prior to the commencement of any construction or development as part of the preliminary plat application. (f) All offsite facilities constructed in support of the Development will be conveyed to the City for ownership, operation and maintenance. The City will accept these offsite facilities for operation and maintenance upon completion of construction and delivery of the required one-year maintenance bonds. All internal facilities within the Development will be conveyed to the District for ownership, operation and maintenance. (g) At its sole discretion, the City may cost participate in the construction of any major offsite utility infrastructure it deems warranted and appropriate. (h) Developer will diligently attempt to obtain the donation of all easements necessary for the construction of the major offsite utility infrastructure shown on the approved Utility Plan. If the Developer is unable to obtain all required offsite easements, the City will acquire, with the prior written consent of the Developer, the easements, utilizing its power of eminent domain, if necessary, at Developer’s expense. Developer will be responsible for construction of the offsite facilities as growth within the Development requires these facilities. The wastewater treatment service agreement may include other standard terms contained in City retail wastewater treatment service agreements that are not in conflict with the terms set forth in this Agreementabove.

Wastewater Service. The City shall be the retail wholesale wastewater treatment service provider to the Development. As retail wholesale service provider, the City shall own, operate, maintain, and repair all components of the WWTP and offsite wastewater system. The District shall own, operate, maintain and repair all wastewater components within the District. The City may contract with Aqua so that Aqua may provide wastewater billing services within the District with Aqua’s water billing services. The rates charged by the City within the Development shall be the same as the rates charged by the City to its in-city customers. The City agrees to enter into a retail wholesale wastewater treatment service agreement with the District with the following terms: (a) The City will provide or contract for the provision of retail wholesale wastewater utility services to the District sufficient to serve the land uses shown on the Concept Plan. The rates charged by the City shall be the same as those charged by the City to in-City customers, and such rates may be reviewed and adjusted by the City annually, based on a cost of service study performed by the City. In any event, this Agreement does not prevent District customers from appealing the wastewater rates pursuant to §13.043, Texas Water Code. (b) The City will receive, treat and dispose of, or shall contract for the treatment and disposal of, all sewage generated by customers within the District. The City will maintain an adequate wastewater treatment capacity at all times to serve the customers within the District at the same level these services are provided within the City. The City may limit service to the District in the same manner and to the same extent that service is limited inside the City limits. (c) The District will have guaranteed reservation and ownership of capacity in the City’s wastewater utility system as set forth elsewhere in this Agreement. (d) If necessary, the Developer will provide easements within the area of the District for all District master meters in accordance with City Ordinance requirements. Master meters shall be installed to measure District wastewater flows. In the event wastewater mains enter the District from other City service areas, master meters will be installed at both ends of the system serving the District so that the differential flows will be measured to determine flows from District customers. The Developer and/or District shall not be required to provide easements outside the area of the District. (e) Developer will provide the City a “Utility Plan” for review and approval by the City showing the preliminary routing and sizing of the facilities to be constructed to extend wastewater services to the Development prior to the commencement of any construction or development as part of the preliminary plat application. (f) All offsite facilities constructed in support of the Development will be conveyed to the City for ownership, operation and maintenance. The City will accept these offsite facilities for operation and maintenance upon completion of construction and delivery of the required one-year maintenance bonds. All internal facilities within the Development will be conveyed to the District for ownership, operation and maintenance. (g) At its sole discretion, the City may cost participate in the construction of any major offsite utility infrastructure it deems warranted and appropriate. (h) Developer will diligently attempt to obtain the donation of all easements necessary for the construction of the major offsite utility infrastructure shown on the approved Utility Plan. If the Developer is unable to obtain all required offsite easements, the City will acquire, with the prior written consent of the Developer, the easements, utilizing its power of eminent domain, if necessary, at Developer’s expense. Developer will be responsible for construction of the offsite facilities as growth within the Development requires these facilities. The wastewater treatment service agreement may include other standard terms contained in City retail wholesale wastewater treatment service agreements that are not in conflict with the terms set forth in this Agreementabove.

Wastewater Service. The City shall be the retail wholesale wastewater treatment service provider to the DevelopmentDistrict. As retail wholesale service provider, the City shall operate, maintain, and repair all components of the WWTP and offsite wastewater system. The City may contract with Aqua so that Aqua may provide wastewater billing services within system located outside the District with Aqua’s water billing servicesboundaries of the District. The rates charged by the City within for wholesale wastewater service to the Development District shall be the same as the rates charged by the City to its in-city other wholesale customers. The City agrees to enter into a retail wholesale wastewater treatment service agreement with the District with the following terms: (a) The City will provide or contract for the provision of retail wholesale wastewater utility services to the District sufficient to serve the land uses shown on the Concept Plan. The rates charged by the City shall be the same as those charged by the City to other wholesale customers, and such rates may be reviewed and adjusted by the City annually, based on a cost of service study performed by the City. In any event, this Agreement does not prevent the District or its customers from appealing the wastewater rates pursuant to §13.043, Texas Water Code. (b) The City will receive, treat and dispose of, or shall contract for the treatment and disposal of, all sewage generated by customers residents within the District. The City will maintain an adequate wastewater treatment capacity at all times to serve the customers residents within the District at the same level these services are provided within the City. The City may limit service to the District in the same manner and to the same extent that service is limited inside the City limits. (c) The District will have guaranteed reservation and ownership of capacity in the City’s wastewater utility system as set forth elsewhere in this Agreement. (d) If necessary, the Developer will provide easements within the area of the District for all District master meters in accordance with applicable City Ordinance ordinance requirements. Master meters shall be installed to measure District wastewater flows. In the event wastewater mains enter the District from other City service areas, master meters will be installed at both ends of the system serving the District so that the differential flows will be measured to determine flows from District customers. The Developer and/or District shall not be required to provide easements outside the area of the District. (e) Developer will provide the City a “Utility Plan” for review and approval by the City showing the preliminary routing and sizing of the facilities to be constructed to extend wastewater services to the Development prior to the commencement of any construction or development as part of the preliminary plat application. (f) All offsite facilities constructed in support of the Development will be conveyed to the City for ownership, operation and maintenance. The City will accept these offsite facilities for operation and maintenance upon completion of construction and delivery of the required one-year maintenance bonds. All internal facilities within the Development will be conveyed to the District for ownership, operation and maintenance. (g) At its sole discretion, the City may cost participate in the construction of any major offsite utility infrastructure it deems warranted and appropriate. (h) Developer will diligently attempt to obtain the donation of all easements necessary for the construction of the major offsite utility infrastructure shown on the approved Utility Plan. If the Developer is unable to obtain all required offsite easements, the City will acquire, with the prior written consent of the Developer, the easements, utilizing its power of eminent domain, if necessary, at Developer’s expense. Developer will be responsible for construction of the offsite facilities as growth within the Development requires these facilities. The wastewater treatment service agreement may include other standard terms contained in City retail wholesale wastewater treatment service agreements that are not in conflict with the terms set forth in this Agreementabove.

Wastewater Service. The City shall be the retail wholesale wastewater treatment service provider to the DevelopmentDistricts. As retail wholesale service provider, the City shall operate, maintain, and repair all components of the WWTP and offsite wastewater systemsystem located outside the boundaries of the Districts. The City may contract with Aqua so that Aqua may provide As the retail service providers, the Districts shall operate, maintain, and repair all components of the wastewater billing services system within the District with Aqua’s water billing servicesboundaries of the Districts. The rates charged by the City within for wholesale wastewater service to the Development Districts shall be the same as the rates charged by the City to its in-city other wholesale customers. The City agrees to enter into a retail wholesale wastewater treatment service agreement with the District Districts with the following terms: (a) The City will provide or contract for the provision of retail wholesale wastewater utility services to the District Districts sufficient to serve the land uses shown on the Concept Plan. The rates charged by the City shall be the same as those charged by the City to other wholesale customers, and such rates may be reviewed and adjusted by the City annually, based on a cost of service study performed by the City. In any event, this Agreement does not prevent District the Districts or their customers from appealing the wastewater rates pursuant to §13.043, Texas Water Code. (b) The City will receive, treat and dispose of, or shall contract for the treatment and disposal of, all sewage generated by customers residents within the DistrictDistricts. The City will maintain an adequate wastewater treatment capacity at all times to serve the customers residents within the District Districts at the same level these services are provided within the City. The City may limit service to the District Districts in the same manner and to the same extent that service is limited inside the City limits. (c) The District Districts will have guaranteed reservation and ownership of capacity in the City’s wastewater utility system as set forth elsewhere in this Agreement. (d) If necessary, the Developer will provide easements within the area of the District Districts for all District master meters in accordance with applicable City Ordinance ordinance requirements. Master meters shall be installed to measure District wastewater flows. In the event wastewater mains enter the District Districts from other City service areas, master meters will be installed at both ends of the system serving the District Districts so that the differential flows will be measured to determine flows from District customers. The Developer and/or District the Districts shall not be required to provide easements outside the area of the District. (e) Developer will provide the City a “Utility Plan” for review and approval by the City showing the preliminary routing and sizing of the facilities to be constructed to extend wastewater services to the Development prior to the commencement of any construction or development as part of the preliminary plat application. (f) All offsite facilities constructed in support of the Development will be conveyed to the City for ownership, operation and maintenanceDistricts. The City will accept these offsite facilities for operation and maintenance upon completion of construction and delivery of the required one-year maintenance bonds. All internal facilities within the Development will be conveyed to the District for ownership, operation and maintenance. (g) At its sole discretion, the City may cost participate in the construction of any major offsite utility infrastructure it deems warranted and appropriate. (h) Developer will diligently attempt to obtain the donation of all easements necessary for the construction of the major offsite utility infrastructure shown on the approved Utility Plan. If the Developer is unable to obtain all required offsite easements, the City will acquire, with the prior written consent of the Developer, the easements, utilizing its power of eminent domain, if necessary, at Developer’s expense. Developer will be responsible for construction of the offsite facilities as growth within the Development requires these facilities. The wastewater treatment service agreement may include other standard terms contained in City retail wholesale wastewater treatment service agreements that are not in conflict with the terms set forth in this Agreementabove.