Res 2009-038 - Laserfiche WebLink

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GBRA agreed to supply to the City stored water from Canyon Reservoir or other reservoir storage available to GBRA ("Canyon Lake Water") in quantities stated therein. (2) The City and GBRA entered into an Interlocal Agreement dated April 23, 1996, as amended (the "Interlocal Agreement") for the purpose of providing for the expeditious development of a regional surface water supply project (the "San Marcos Regional Water Supply Project," or the "Project"), to meet future water needs and reduce dependence on the Edwards Aquifer by providing an alternative source of water to the City and surrounding areas in Hays, Caldwell, Guadalupe and Travis Counties, Texas. (3) The Regional Project Agreement set forth terms and conditions relating to the diversion, conveyance and treatment of the Canyon Lake Water to be supplied to the City under the Raw Water Contract and established terms and conditions relating to the planning, development, design, financing, construction, ownership, operation and management of the Project as follows: (a) The City would finance, acquire and construct water treatment facilities to treat raw water for municipal use by the Parties and their respective customers. (b) GBRA would finance, acquire, construct, operate and maintain a raw water delivery system capable of delivering the raw water to the Parties for treatment and municipal use by the Parties and their respective customers at the water treatment facilities constructed by the City. (c) The raw water delivery system and the water treatment plant which together comprise the San Marcos Regional Water Supply Project would be jointly owned by the Parties following the redemption or defeasance of the respective project debt instruments of the raw water delivery system and the water treatment plant. The Parties would each receive sufficient annual payments to cover their respective costs. (d) Other entities could also obtain treated surface water on a contract basis from the Project and provision should thus be made for the supply to and treatment of additional raw water via the Project for the benefit of such other entities. The amendments to the Regional Project Agreement integrated into this Agreement primarily address continuing obligations of the Parties concerning management and operation of the Project. The amendments do not attempt to delete reference to past obligations which may have already been fulfilled by the Parties as reference to such past obligations is necessary to provide a context for proper understanding of this Agreement. Consequently, this Agreement restates the Regional Project Agreement including reference to past obligations, except as specifically amended by agreement of the Parties. -2-