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<br />25. <br /> <br />RESOLUTION 2000- 108 R <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br />SAN MARCOS, TEXAS, APPROVING THE TERMS AND <br />CONDITIONS OF AMENDMENT NO. 1 TO THE AGREEMENT <br />BETWEEN THE CITY AND THE EDWARDS AQUIFER <br />AUTHORITY FOR FINANCIAL PARTICIPATION IN THE <br />SURF ACE WATER TREA TMENT PLANT PROJECT; <br />AUTHORIZING THE CITY MANAGER TO EXECUTE THE <br />AMENDMENT ON BEHALF OF THE CITY AND DECLARING <br />AN EFFECTIVE DATE. <br /> <br />RECITALS: <br /> <br />1. The City executed an agreement (the "Agreement") dated May 14, 1992 with the Edwards <br />Underground Water District, statutory predecessor to the Edwards Aquifer Authority (the "EAA"), <br />for financial partiL'L,ation in the City's surface water treatment plant project (the "Project"). <br /> <br />2. The Agreement provides for the EAA to reimburse the City for the purchase of up to <br />5,000 acre- feet of surface water per year from the Guadalupe-Blanco River Authority ("GBRA") for <br />a period of five years at GBRA's 1992 rate of $44. 76/acre-foot. <br /> <br />3. The Project has achieved substantial completion, and will soon achieve final completion, <br />and will treat and supply surface water to the City's water distribution system in substitution for <br />water from the Edwards Aquifer (the "Aquifer"). <br /> <br />4. Since the time of the Agreement, the price at which water is sold by GBRA has risen from <br />$44.76/acre foot to $69 . aD/acre foot, the State Legislature passed the Edwards Aquifer Authority Act <br />limiting withdrawals from the Aquifer, and a market is developing for groundwater rights in the <br />Aquifer. <br /> <br />5. The EA .illd the City wish to revise the Agreement to a) require the City to suspend its <br />right to withdraw a specific quantity of Aquifer water in exchange for contract payments, b) increase <br />the payment rate per acre-foot to reflect current market rates for Aquifer water that the City suspends <br />its use of through the use of surface water, c) extend the time period for the City's conservation of <br />Aquifer water, and d) waive EAA aquifer management fees on the amount of water conserved by <br />the City. <br /> <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: <br /> <br />PART 1. The attached Amendment No.1 to the Agreement between the City of San <br />Marcos and the EAA is approved. <br /> <br />PART 2. The City Manager, Larry D. Gilley, is authorized to execute the amendment on <br />behalf of the City. <br /> <br />PART 3. This Resolution is in full force and effect immediately from and after its <br />adoption. <br /> <br />ADOPTED on <br /> <br />May 8 <br /> <br />,2000. <br /> <br />lS~ ~.~ <br />Billy G. Moore <br />Mayor <br /> <br />Attest;, <br /> <br />c1JWVi: '~'1~JWJ/ <br />Ja~K. Wu:m~{' <br /> <br />City Secretary <br />