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AGREEMENT <br /> between the <br /> EDWARDS AQUIFER AUTHORITY <br /> and <br /> CITY OF SAN MARCOS <br /> for <br /> PARTICIPATION IN THE EDWARDS AQUIFER AUTHORITY'S AUTOMATED <br /> METER READING PROGRAM AND THE INSTALLATION AND OPERATION OF <br /> ASSOCIATED EQUIPMENT <br /> THIS USE AGREEMENT (the "Agreement") is entered into this 24th day of March <br /> 2025,between the EDWARDS AQUIFER AUTHORITY, a political subdivision of the State of <br /> Texas, with offices at 900 E. Quincy, San Antonio, Texas 78215, and the CITY OF SAN <br /> MARCOS for voluntary participation in the Edwards Aquifer Authority(EAA)Automated Meter <br /> Reading Program, including the installation of associated equipment. Throughout this Agreement, <br /> the City of San Marcos (COSM)and the EAA may be collectively referred to as "the Parties." <br /> RECITALS <br /> WHEREAS the EAA was created in 1993 by the Edwards Aquifer Authority Act, Act of <br /> May 30, 1993, 73rd Leg., R.S., Ch. 626, 1993 Tex. Gen. Laws 2350; as amended("Act"); and <br /> WHEREAS, under Section 1.02 of the Act, the EAA is a conservation and reclamation <br /> district created by virtue of Article XVI, Section 59 of the Texas Constitution, and is a <br /> governmental agency and body politic and corporate vested with the full authority to exercise the <br /> powers and to perform the functions specified in the Act; and <br /> WHEREAS, under Section 1.08(a) of the Act, the EAA has all the powers, rights, and <br /> privileges necessary to manage, conserve, preserve, and protect the Edwards Aquifer and to <br /> increase the recharge of, and prevent the waste or pollution of water in,the Edwards Aquifer; and <br /> WHEREAS, under Section 1.11(d)(2) of the Act, and other applicable law, the EAA may <br /> enter into contracts; and <br /> WHEREAS, COSM is the owner of an Edwards Aquifer Withdrawal Permit; and <br /> WHEREAS,the EAA uses data obtained from groundwater withdrawal reporting to help <br /> manage the Edwards Aquifer and to ensure compliance with withdrawal permit requirements; and <br /> WHEREAS, the EAA has established an Automated Meter Reading Program with a <br /> network of automated meter reading equipment throughout its jurisdictional boundaries that allows <br /> for the efficient collection of data; and <br /> WHEREAS, COSM desires to convert its existing regulated meter(s) into automated <br /> meters and to allow the EAA to obtain real-time readings at the EAA's discretion through its <br /> AMRP; and <br /> WHEREAS,the EAA desires to add COSM to its AMRP as a pilot project for municipal <br /> Page 1 of 7 <br />