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<br />198. <br /> <br />AMENDED AND RESTATED <br />WATER TRANSPORTATION AGREEMENT <br />BETWEEN THE CITY OF SAN MARCOS, TEXAS <br />AND THE CITY OF KYLE, TEXAS <br /> <br />THE STATE OF TEXAS <br /> <br />s <br /> <br />COUNTY OF HAYS <br /> <br />s <br /> <br />This amended and restated agreement (the "Agreement") is entered into on <br />/ltt6!~51-" ~ , , 2002 by and between the City of San Marcos, Texas ("San Marcos") and <br />the City of Kyle, Texas ("Kyle"). <br /> <br />RECIT ALS <br /> <br />1. On July 1, 1997, San Marcos and the Guadalupe-Blanco River Authority ("GBRA") executed <br />an agreement ("the Project Agreement") relating to the San Marcos Regional Water Supply <br />Project (the "Project"). Under the terms of the Project Agreement, GBRA has executed with <br />Kyle a Contract for Raw Water Service and a Water Supply Agreement, both dated October 7, <br />1998. The Contract for Raw Water Service and the Water Supply Agreement provide Kyle with <br />the means to purchase treated water from the San Marcos Water Treatment Plant (the "Treatment <br />Plant" . <br /> <br />2. San Marcos has determined that it has sufficient capacity in its water distribution system to <br />allow Kyle to transport its treated water from the Plant to the point of delivery identified in this <br />Agreement. This transportation through the San Marcos distribution system will significantly <br />reduce the amount of transmission pipeline that must be constructed by Kyle. <br /> <br />3. San Marcos and Kyle entered into a Water Transportation Agreement dated October 10, 2000, <br />and the parties wish to amend that agreement with respect to the location of the Point of <br />Delivery, the quantities deliverable, the construction of facilities related to the change in location <br />of the Point of Delivery, and the term of the Agreement, and to restate that Agreement in all <br />other respects. <br /> <br />AGREEMENT <br /> <br />In consideration of the mutual rights and obligations set forth in this Agreement, San Marcos and <br />Kyle agree as follows: <br /> <br />Section 1. A2reement to Transport Water. <br /> <br />A. San Marcos agrees to transport treated water produced at the Treatment Plant through San <br />Marcos' water distribution system and to deliver such treated water to Kyle at the following <br />point of delivery, through the following tap and meter sizes and rate of delivery: <br /> <br />C:\My DocumentslAGRsmwa.doc <br />