01-28-19 Regular Meeting of the La Porte City Council

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$1.00 over 1,000,000 gallons per day 4.02. Modification of Treatment and Disposal Charges. GCA shall have the right to increase the rates set forth in Section 4.01 above by the average percentage increase applicable to the rates of industrial customers of GCA at the Treatment Facility, as reflected in any future amendment to GCA's Order Setting Rates and Charges for Users of the Bayport System4.03. Additional Costs. Any additional or extraordinary costs incurred by GCA for treating elements of the Citythe City. If such costs are also applicable to GCA of an element of the wastewater of another customer or participant at the Facility, the City shall pay its pro rata share of such costs, as determined by GCA. 4.04. Billing. For purposes of this Agreement, and for the purpose of billing hereunder, a day shall begin at 6:00 a.m. on a calendar day and end twenty-four (24) hours later, and a month shall begin at 6:00 a.m. on the first day of a calendar month and extend to 5:59 a.m. on the first day of the following calendar month. Within 30 days of the end of each calendar month, GCA shall bill the City, at the address of the City hereafter specified, for the amount due for treatment of the wastewater delivered hereunder during the preceding month. On or before thirty (30) days from receipt of an invoice by the City, payment shall be due from the City to GCA at GCA's office hereafter specified, for all wastewater treated hereunder during the preceding month. Failure to make any such payment when due shall result in an administrative charge equal to one percent (1%) of the amount of any invoice so unpaid and, further, if such failure to pay continues for thirty (30) days following written notice by GCA to the City of such unpaid invoice, GCA may suspend receipt of wastewater hereunder until payment is made. Such right shall be a continuing right and shall exist from time to time in case of default in payment, and the exercise of such right shall be in addition to all other remedies to which GCA may be entitled. V. Term 5.01. Subject to Article VIII, the term of this Agreement shall be for a period of ten (10) years, commencing upon the Effective Date hereof and terminating at midnight immediately preceding the ten-year anniversary date hereof. This Agreement is renewable and may be extended by written agreement of both parties for additional ten-year periods; provided that the cumulative term of this Agreement, including any renewals thereof, shall in no event exceed fifty (50) years provided, however, notwithstanding any other provision herein to the contrary, this Agreement shall become null and void upon the expiration of Environmental Protection Agency NPDES Permit No. TX0005380 or Texas Natural Resource Conservation Commission Permit No. 01054, unless necessary permit extensions by appropriate regulatory agencies are obtained. VI. 6