Res 2013-159(a)/Approving an interlocal cooperation contract w/EAA and Texas State University for Edwards Aquifer Habitat Conservation plan program

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D. "Edwards Aquifer Habitat Conservation Plan" (or "EAHCP" or "HCP ") means the conservation plan prepared by the EAA and the City of San Marcos /Texas State University, among others, approved by the EAA Board of Directors, required by Section 10(a)(2)(A) of the ESA, and submitted to and approved by the Service as part of the application for an ITP. E. "Funding and Management Agreement" (or "FMA ") means the agreement effective January 1, 2012, as may be amended, to which the EAA, San Marcos /Texas State University, the City of San Marcos, Texas State University, and the San Antonio Water System are parties, which provides for the funding and management of the EAHCP. F. "HCP Program Account" means the restricted account, composed of a reserve fund and an operations fund, created by the EAA in accordance with Section 5.4 of the FMA to accumulate and disburse Program Aquifer Management Fees consistent with the Annual Program Budget for the implementation of the EAHCP and the ITP. G. Implementing Agreement means the agreement, effective September 11, 2012, entered into by the EAA, the City of New Braunfels, the City of San Marcos, the City of San Antonio acting by and through its San Antonio Water System Board of Trustees, Texas State University, Texas Parks and Wildlife Department, and the Service to implement the EAHCP. H. "Implementing Committee" means the committee established in accordance with Section 7.7 of the FMA to supervise the implementation of the EAHCP. 1. "Incidental Take Permit" (or "ITP ") means a permit issued by the Service to the EAA and others, pursuant to Section 10(a) (16 U.S.C. § 1539(a)) of the ESA. J. "Program Activities" means activities described in the EAHCP and ITP, other than Conservation Measures, related to the implementation of the EAHCP and ITP. K. "Program Documents" means the ITP, the Application for the ITP, the EAHCP, the Implementing Agreement, and the FMA. L. "Program Funding" means funds provided by the EAA from the HCP Program Account to reimburse the City of San Marcos /Texas State University for the costs associated with the implementation of the EAHCP and the ITP, consistent with the Annual Program Budget and the Program Funding Contracts provided for in Subsection 6.1.8 of the FMA. M. "Program Funding Application" (or "Application ") means the application submitted by the City of San Marcos /Texas State University and approved by the EAA pursuant to Article 6 of the FMA for funding to implement the Conservation Measures and other Program Activities for which it has been designated responsibility in the EAHCP, and in effect for the calendar year for which it is submitted. N. "Work Plan and Cost Estimate" (or "Work Plan") means the work plan and cost estimate prepared by the City of San Marcos /Texas State University to describe the activities and schedules that are reasonable and necessary for the City of San Marcos /Texas State University to 2of14