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<br /> 76 <br /> STATE OF TEXAS § <br /> COUNTY OF HAYS § <br /> ¡This agreement is made and entered into by and between the City <br /> of San Marcos, Texas, a municipal corporation operating pursuant to <br /> Texas Law and a home rule charter, its assigns, successors, and <br /> transferees, whether in whole or in part, hereinafter referred to as <br /> "City" and with Maxwell Water Supply Corporation, duly incorporated <br /> under the Laws of the State of Texas, its assigns, successors, and <br /> transferees, whether in whole or in part, hereinafter referred to as <br /> "Maxwell." The purpose of this agreement is to establish an orderly <br /> transfer of portions of Maxwell's Texas Public utilities Cormnission <br /> certified water service area to the City of San Marcos upon annexation <br /> of said service areas, exclusive of !'vlaxwell' s permanent water system <br /> which consists of, but is not limited to water well, easements, <br /> transmission lines, and other facilities as specified in this <br /> agreement. <br /> Maxwell agrees to: <br /> 1. Conform with and require developers and other <br /> individuals requesting water service within the City's <br /> extraterritorial jurisdiction to conform with City, FHA, <br /> State and Federal water utilities specifications, as supplied <br /> by the City, from the effective date of this agreement. <br /> Provide the City a copy of proposed plans for corrnnercial, <br /> industrial and/or residential developments in the City's <br /> extraterritorial jurisdiction for review, recommendations and <br /> approval prior to start of construction of any water system <br /> improvements. <br /> 2. Allow timely inspection by City personnel to ensure <br /> conformity to City, FHA, State and Federal Standards. <br /> 3. Identify in Exhibit "A" attached hereto and incorporated <br /> by reference herein, those wells, easements, transmission <br /> lines, mains, and other equipment which Maxwell shall retain <br /> as part of its permanent system. <br /> 4. Provide the City with written notification of its intent <br /> to install any line or facility which Maxwell proposes to <br /> retain or acquire as part of its permanent system if said <br /> line or facility is not so designated in Exhibit "A". <br /> Maxwell shall provide said notification at least thirty (30) <br /> days prior to the installation of any line or equipment not <br /> identified ln Exhibit "A" as part of Maxwell's permanent <br /> system. Lines determined to be part of Maxwell's permanent <br /> system will conform with Maxwell's standards and <br /> specifications. The identification of ownership as provided <br /> ANY DISPUTE ARISING OUT OF THIS CONTRACT IS SUBJECT TO <br /> ARBITRATION UNDER THE TEXAS GENERAL ARBITRATION ACT. <br />