Resolution 1992-06 - Laserfiche WebLink

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(3) All costs of such system improvements, including additional operating and other costs necessarily incurred by Louisville as a result of the improvements, shall be the sole responsibility of Superior. Ownership of such improvements shall be in Louisville, but Superior shall retain any excess treatment capacity at the plant and any excess capacity in the sewage trunk line(s) to the extent such improvements are paid for by superior pursuant to this paragraph 6. Superior may sell or lease such excess capacity to Louisville. (4) If the improvements are made at superior's sole cost, such additional capacity shall be reserved for future use by Superior and, after completion of such improvements, superior shall not be required to pay the portion of any tap fee which Louisville reasonably determines would have been allocated by Louisville for payment of such additional capacity had the improvements been constructed by Louisville. Louisville shall inform Superior in writing of the tap fee allocation by identifying the amount of the dollar per tap credit and the number of taps the credit can be applied against within thirty (30) days after Superior provides its detailed plans for system improvements pursuant to paragraph 6.(b) (1), and Louisville may revise the allocation subsequent to any revision of the plans. If Superior believes Louisville's tap fee allocation determination is not reasonable, it may request formation of the committee described in paragraph 6. (b) (2) and the decision of the committee on the reasonableness of the allocation shall be final. Once the amount of the dollar per tap credit has been finalized, it shall remain fixed from that time on. Any such allocation shall recognize that a portion of the Louisville tap fee is intended for improvement of plant capacity and a portion is intended for improvement of interceptor and trunk sewer capacity, and that such portions may vary from time to time. (5) The conversion table attached hereto as Exhibit 2 shall be used in calculating the additional capacity paid for solely by Superior pursuant to this paragraph 6 and for which it is to receive the tap fee reductions. The conversion table shall be modified as necessary to reflect typical flow characteristics as verified by actual monitoring, which may be performed at any time by either party and which shall be performed in a generally accepted engineering manner. Either party may perform the monitoring after providing the other at least twenty business days' written notice of its intent to do so. The monitoring party shall provide the other party full access to all information and records 5