Res 2006-103 - Laserfiche WebLink

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I I I .. 50. INTERLOCAL AGREEMENT WHEREAS, the parties to this Interlocal Agreement are county or municipal agencies, special districts, or other political agencies or subdivisions of the State of Texas located within the Edwards Aquifer Authority boundaries; and WHEREAS, the parties to this Interlocal Agreement are public water supply agencies or entities or public agencies or entities which consume water; and WHEREAS, the State of Texas through Local Government Code Section 271.101, et seq. (Cooperative Purchasing Program) by statute recognizes and permits cooperative buying programs by governmental agencies or entities; and WHEREAS, the courts of the United States and the State of Texas have interpreted their respective laws as exempting concerted action by governmental agencies or entities operating under color of state law from the federal and state antitrust and unfair competition laws; and WHEREAS, the parties to this Interlocal Agreement wish to act in concert in the purchase of Edwards Aquifer groundwater rights and in the transfer of Edwards Aquifer groundwater rights from third parties to the parties to this Interlocal Agreement; and NOW THEREFORE, in consideration of the premises and covenants and agreements hereinafter set forth, the parties to this Interlocal Agreement hereby agree as follows: Section 1. Regional Water Resource Development Group The parties agree to establish a Regional Water Resource Development Group (hereinafter, "RWRDG") for the purpose of acquiring Edwards Aquifer groundwater rights. Section 2. RWRDG Participants Section 2.1 Status ofRWRDG Participants R WRDG participants shall be state or local public or governmental entities or agencies operating public water supply systems or consuming water on their own account located in whole or in part in the Edwards Aquifer Authority boundaries. Any entity whose actual or potential participation in the RWRDG shall cause the RWRDG's actions to come within the scope of the federal and state antitrust and unfair competition laws shall be ineligible to be or continue to be a R WRDG participant. The initIal RWRDG participants shall be the initial parties to this Interlocal Agreement exclusive of the Administrator; New R WRDG participants shall automatically qualify as participants if they meet the criteria for membership set forth herein and execute this Interlocal Agreement. New RWRDG participants shall only be entitled to participate in acquisition of Edwards Aquifer groundwater rights and election of the Management Council following their date of enrollment.