Res 2024-237 approving an amendment to a water sharing agreement with the City of Kyle to allow the City of San Marcos to re-acquire some of the water rights at its request and with mutual agreement

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billing rate. On or before the 25th day following the date of the billing statement, Kyle shall pay to San Marcos the amount due for such previous month as stated therein. After that due date, interest shall accrue on all bills at the maximum rate allowed by law. In the event Kyle fails to pay any charges when due and payable, San Marcos may give written notice of such delinquency to Kyle. If all bills due and unpaid, including interest thereon, are not paid within 45 days after delivery of such notice,then Kyle agrees that San Marcos shall be authorized, at its option,to institute suit to collect any amounts due and unpaid, together with interest thereon and reasonable attorneys' fees and further agrees that San Marcos may, at its option, discontinue delivering water covered by this Agreement to Kyle until all amounts due and unpaid are paid in full with interest thereon as herein specified. F. Collection of Fees. Kyle agrees to establish, charge, and collect sufficient rates, fees, and charges from its customers to make all payments required under this Agreement. G. Force Majeure. Under no circumstances shall San Marcos be required, for the purpose of meeting the supply obligations under this Agreement,to secure water from sources other than currently available and contracted for by San Marcos. H. Water shared under this agreement will be withdrawn solely at Kyle's existing EAA Well Nos W100-896, W100-897, W100-898 & W105-960. The maximum total annual amount that may be pumped then under this agreement is 500 acre-feet. Kyle will operate and meter its groundwater withdrawals throughout the term of this agreement to ensure that the limit on the total annual water amount pumped then utilized is not exceeded. 1. No later than January 10, 2025-March 10, 2027, Kyle shall provide San Marcos daily meter readings for their EAA well usage for San Marcos's use to determine invoice amounts. These meter readings shall clearly report(1)the volume of Edwards water pumped under the authorization in Kyle's EAA permits and (2)the volume pumped under the authorization of San Marcos's permit and covered in this agreement. J. San Marcos will work with Kyle to request and secure all necessary authorizations from EAA to allow the transfer contemplated in this agreement. All application fees for transfers will be paid by Kyle. K. Title to all water pumped by Kyle at their EAA well will be in Kyle's name. L. A maximum of 500 acre-feet per year is available for pumping and use by Kyle, regardless as to whether Kyle's wells and infrastructure can produce and transmit this additional quantity of water. M. This agreement is intended be an enforceable agreement to satisfy the requirements of 30 TAC §290.45(f) for Kyle's water system for the years 2024-2026. N. This agreement will take effect on the date it is signed by San Marcos and Kyle, and it will expire on January 1, 2027.