Res 2014-133/MOU between TXState, the City and EAA regarding funding for the expansion of the City’s reclaimed water system

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7. General Terms. 7.1 This MOU will take effect on the date of the authorized signature of the General Manager of the EAA, the City Manager of the City, and the Vice President for Finance and Support Services of the University, whichever signs last. This MOU will remain in effect for three (3) years from the effective date, or until superseded by the interlocal contract set forth in Section 7.7. 7.2 This MOU may be amended in writing at any time by mutual agreement of the Parties. 7.3 The production, distribution, and use of reclaimed water will be consistent with the applicable state rules, as they may be amended, regarding the provision and use of reclaimed water, including but not limited to Chapter 210, 30 Texas Administrative Code ( "TAC "). The quality of reclaimed water supplied by the Project will meet the quality parameters for Type I reclaimed water as prescribed in Chapter 210, 30 TAC. In accordance with state rules, reclaimed water users will be prohibited from allowing reclaimed water to pond or to runoff during use. Additionally, any irrigation systems installed to use reclaimed water within 100 feet of the cut bank of the San Marcos River shall be designed and operated so as to prevent introduction of the reclaimed water into the San Marcos Springs and River ecosystem. 7.4 Reclaimed water main piping at San Marcos River crossings shall be cased for the full length of crossing plus a distance to allow replacement of any failed section without the introduction of reclaimed water into the San Marcos Springs and River ecosystem, or alternately be directionally drilled and seamless HDPE pipe material used for the crossings. 7.5 This MOU combines the existing efforts of the EAA, the City, and the University to promote conservation of Aquifer groundwater and shall not be interpreted as a mutually exclusive agreement between the Parties. 7.6 This MOU does not constitute an expressed or implied endorsement of the opinions, products or services of any Party, and none of the Parties will be bound by the acts or conduct of any other Party. 7.7 Prior to the commencement of the Project, the Parties will negotiate, approve, and execute an interlocal contract pursuant to Chapter 791, Texas Government Code, and any other legal authority applicable respectively to the Parties to formalize the terms and responsibilities described on this MOU. The Parties agree to use good faith efforts to negotiate, obtain approval from their respective governing bodies, and execute the interlocal contract. [Signature page follows.] 11212. 03001/ DFRO/ MISC -1/ 1231709v. 3