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<br />DRAFT AGREEMENT Page 1 <br /> APPENDIX D <br />STATE OF TEXAS § <br />COUNTY OF HAYS § <br />This agreement is made and entered into by and between The <br />City of San Marcos, Texas, a municipal corporation operating <br />pursuant to Texas Law and a home rule charter, hereinafter <br />re f;erred to as "City" and with Maxwell Water Supply Corporation, <br />duly incorporated under the Laws of the State of Texas, <br />hereinafter referred to as "Maxwell. " The purpose of this <br />agreement is to establish provisions, regulations, and <br />specifications for an orderly transfer of Maxwell's certified <br />water service area, exclusive of Maxwell's water well, <br />transmission lines, and other facilities, located in the Extra- <br />territorial Jursidiction of the City of San Marcos for conunercial <br />and/or residential development to City. <br /> Maxwell agrees to : <br /> 1. Conform with City's, FHA, State and Federal water <br /> utilities specifications, as supplied by the City, <br /> within the extraterritorial jursidiction of city after <br /> the effective date of this agreement and limited to new <br /> services. Maxwell is not obligated to change existing <br /> lines and/or service requirements. <br /> 2 Timely inspection by City personnel to insure con- <br /> formity to City, FHA, State and Federal Standards. <br /> 3. Inform the city which wells, mains, storage facilities, <br /> and other equipment are to remain the permanent part of <br /> the Maxwell system after the effective date of trans- <br /> fer, with Maxwell having sole liability for cause of <br /> action claims and damages which may ar1se from said <br /> operation and maintenance. <br /> 4. Relinquish ownership and transfer all rights pertaining <br /> thereto, exclusive of wells, ma1ns, storage facilities <br /> and equipment heretofore mentioned, to conunercial <br /> and/or residential developments and services in the <br />