Res 2020-030/approving revisions to the Interlocal Agreement with Texas State University that provides for the provision of reclaimed water service to Texas State University in exchange for the transfer by Texas State University of certain rights to with

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FIRST AMENDMENT TO INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF SAN MARCOS AND TEXAS STATE UNIVERSITY CONCERNING EXCHANGE OF RECLAIMED WATER FOR SURFACE WATER RIGHTS This First Amendment to the Interlocal Cooperation Agreement (the "Agreement") is made effective as of , A,, sae',- (the "Effective Date") by and between the CITY OF SAN MARCOS (the "CITY"), 630 East Hopkins Street, San Marcos, Texas 78666 and TEXAS STATE UNIVERSITY ("TEXAS STATE"), 601 University Drive, San Marcos, Texas 78666. The CITY and TEXAS STATE are each referred to hereinafter as a "Party" and collectively as the "Parties." WHEREAS, TEXAS STATE and the CITY, entered into an Interlocal Cooperation Agreement concerning the exchange of Reclaimed Water for Surface Water Rights executed December 2, 2015 and December 3, 2015, (the "Agreement"); and WHEREAS, TEXAS STATE and the CITY desire to amend the Agreement to correct TCEQ permit numbers and the stated acre feet of surface water for withdrawal; NOW, THEREFORE, the Parties agree to be legally bound to this First Amendment to Interlocal Cooperation Agreement as follows: Article II AGREEMENT, Section 1 b. Allocation of Water Rights. This section of the Agreement is revised to correctly reflect the acre feet of water permitted to be withdrawn and TCEQ permits numbers. Section 1 b is deleted in its entirety and replaced with the following: "Concurrent with the start of the CITY's delivery of reclaimed water to TEXAS STATE, TEXAS STATE will forego its rights to withdraw surface water that flows through the San Marcos River and hereby allocates its rights to the CITY to withdraw, 1,117 (One Thousand One Hundred Seventeen) acre feet of water from the San Marcos River under TCEQ permits numbered 3865, Seq #1, Amendment D (513 ac ft, municipal/domestic use); 3865, Seq #2, Amendment D (534 ac ft, industrial use); and 3865, Seq #4, Amendment D (70 ac ft, consumptive use)." 2. Article II AGREEMENT, Section 1 f Texas State Credit for Unused Water. This section of the Agreement is revised to correctly reflect the maximum acre feet of surface water rights made available to the CITY. Section 1 f is deleted in its entirety and replaced with the following: "The CITY will provide a credit to TEXAS STATE for amounts of surface water rights made available to the CITY at a minimum of 400 (Four Hundred) acre feet, up to 1,117 (One Thousand One Hundred Seventeen) acre feet, annually, which credit will be applied against any charges for CITY water or wastewater utilities of any type provided to TEXAS STATE as explained in this paragraph. The credit will be calculated by: i) multiplying the current reclaimed water rate by the amount of surface water rights used