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and/or any contract with any federal, state, or local agency for the construction, operation, and/or
<br />water storage rights or other interests in water in Canyon Lake or other source of raw water, any
<br />contribution or payment in lieu of taxes or any fee or charge by any government authority
<br />(including Contracting Parties) relating to the Authority's transmission or sale of treated water
<br />hereunder, the costs of utilities, supervision, engineering, accounting, auditing, legal services,
<br />insurance premiums, supplies, services, and administration of the Project, Overhead Expenses, and
<br />costs of operating, repairing, maintaining, and replacing equipment for proper operation and
<br />maintenance of the Project, including an amount to fund a special reserve for the Operation and
<br />Maintenance Expenses or for additional capital improvements to the Project; the total amount to
<br />be accumulated for such operating and additional capital improvements reserve shall not exceed
<br />25% of the annual Operation and Maintenance Expenses (estimated to be approximately three (3)
<br />months' expenses). The term "Operation and Maintenance Expenses" does not include depreciation
<br />charges or such portion of the above-described costs to the extent such costs are paid pursuant to an
<br />agreement other than this Amended and Restated Contract. "Operation and Maintenance Expenses"
<br />include the "Participating Members Operation and Maintenance Expenses" and the "City Operation
<br />and Maintenance Expenses."
<br />"Original Contract" means that Regional (Hays/Caldwell Counties Area) Taxable Water
<br />Supply Contract entered into by the Authority and the Original Participating Members dated
<br />August 1, 1998, as amended by an Amendment dated May 12, 2003, an Amendment No. 2 dated
<br />November 1, 2003, and as further amended an Amendment date No. 3 dated February 28, 2008.
<br />"Original Participating Members" means County Line SUD, Crystal Clear SUD,
<br />Martindale WSC, and Maxwell SUD.
<br />"Overhead Expenses" means the Authority's reasonable and necessary costs and expenses
<br />incurred and directly related to the issuance and servicing of the Bonds, the acquisition of Land
<br />Interests required for the Project, the design, permitting, financing, acquisition, construction, and
<br />ownership of the Project and any other activities required of or involving the Authority in
<br />connection with or attributable to the Project or the Bonds, including, but not limited to:
<br />(a) per diem and reimbursable expenses incurred by the Board for special meetings of
<br />the Board related to the Project,
<br />(b) services of the professional, technical skilled and unskilled persons and firms
<br />engaged by or associated with the Authority, other than Authority staff personnel, together with
<br />their reimbursable expenses paid or required to be paid by the Authority;
<br />(c) salaries of the Authority's staff attributable to the Project or the Bonds based on
<br />time expended, as documented or reasonably estimated by the General Manager of the Authority,
<br />times an overhead factor of two (2), which factor shall be subject to adjustment by the Authority
<br />from time to time in response to actual or reasonably projected overhead expenses of the Authority;
<br />(d) the costs of preparing applications for and obtaining all approvals and
<br />authorizations required for the Project or the Bonds from the regulatory authorities having
<br />jurisdiction;
<br />100585362.23 -6
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