Res 2012-155 - Laserfiche WebLink

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i EDWARDS AQUIFER A U T H O R 1 T Y EDWARDS AQUIFER HABITAT CONSERVATION PLAN PROGRAM INTERLOCAL COOPERATION CONTRACT AMONG THE EDWARDS AQUIFER AUTHORITY, THE CITY OF SAN MARCOS, TEXAS AND TEXAS STATE UNIVERSITY FOR EDWARDS AQUIFER HABITAT CONSERVATION PLAN PROGRAM FUNDING THIS INTERLOCAL COOPERATION CONTRACT for program funding associated with the Edwards Aquifer Habitat Conservation Plan Program ("Funding Contract() is made and entered into by the EDWARDS AQUIFER AUTHORITY ( "EAA "), a political subdivision of the State of Texas, with its principal place of business located at 1615 N. St. Mary's, San Antonio, Texas 78215, the CITY OF SAN MARCOS, TEXAS with its principal place of business located at 630 East Hopkins, San Marcos Texas 78666, and TEXAS STATE UNIVERSITY, with its principal place of business located at 601 University Drive, JCK 920, San Marcos, Texas 78666. For convenience, the City of San Marcos and Texas State University are hereinafter referred to jointly as "San Marcos /Texas State University." The EAA and San Marcos /Texas State University are each individually referred to hereinafter as a "Party" and collectively as the "Parties." WHEREAS, in January 2012, the EAA and San Marcos /Texas State University, among others, filed an application for an incidental take permit ( "ITP ") with the U.S. Fish and Wildlife Service ( "Service ") under Section 10(a) (16 U.S.C. § 1539(a)) of the federal Endangered Species Act ( "ESA ") of 1973 (16 U.S.0 §§ 1531- 1544); and WHEREAS, the Edwards Aquifer Habitat Conservation Plan ( "HCP ") was filed with and supports the application for the ITP by providing for, among other things, the implementation of various Conservation Measures and Program Activities intended to minimize or mitigate the impact of the use of the Edwards Aquifer ( "Aquifer ") on threatened and endangered species associated with the Aquifer and contribute to the recovery of such species; and WHEREAS, it is anticipated that the Service will approve the application for an ITP, including the HCP, and issue the ITP; and WHEREAS, San Marcos /Texas State University is responsible for undertaking and performing each of the specific Conservation Measures and Program Activities assigned to it in Chapter 5 of the HCP; and WHEREAS, the EAA is responsible for fully funding implementation of the HCP and ITP, including all Conservation Measures and Program Activities; and 1 of 15