Res 2012-155 - Laserfiche WebLink

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WHEREAS, the EAA and San Marcos /Texas State University, among others, developed and approved a Funding and Management Agreement ( "FMA ") in order to provide the terms of the rights and duties for managing and funding the implementation of the HCP and ITP; and WHEREAS, the FMA requires that San Marcos /Texas State University and EAA enter this Funding Contract that will serve as a vehicle for the reimbursement of funds from the EAA to San Marcos in amounts sufficient to conduct the necessary for the Conservation Measures and Program Activities that fall under San Marcos /Texas State University's responsibility under the HCP; and WHEREAS, this Funding Contract is a comprehensive contract that will provide for the funding of the San Marcos /Texas State University's Program Funding Application which was approved by the EAA Board of Directors ( "Board ") as provided below, and therefore meets the FMA's requirement to have a Program Funding Contract for any application submitted by San Marcos /Texas State University; and WHEREAS, the details of the specific Conservation Measures or Program Activities that are the responsibility of San Marcos /Texas State University will be developed based on San Marcos /Texas State University's Work Plan and Cost Estimate; and WHEREAS, under Section 1.11(d) (2) of the EAA Act, the EAA has the authority to enter into contracts; and WHEREAS, this Funding Contract is an interlocal contract entered into under the authority of Sections 791.011(a) and 791.026(a) of the Interlocal Cooperation Act ( "ICA "), Chapter 791, Texas Government Code, which authorizes a local govermnent to contract with another local government to perform governmental functions and services; and WHEREAS, under Section 791.003(4) and (5) of the ICA, the EAA and San Marcos /Texas State University are local governments and political subdivisions; and WHEREAS, under Section 791.003(3) of the ICA, the activities that are the subject of this Funding Contract are "governmental functions and services" because they involve the public health and welfare, planning, engineering, and other governmental functions in which the Parties are mutually interested, and under Section 791.026(a), are related to water supply; and WHEREAS, a regular meeting of the Board was held on December 11, 2012, at 3:00 p.m., notice having been duly and properly posted in accordance with the Texas Open Meetings Act, Chapter 551, Texas Government Code; and WHEREAS, the Board took up, considered, and took action on Agenda Item No. T to approve the Program Funding Application of San Marcos /Texas State University; and WHEREAS, a majority of the Directors were present and constituted a quorum; and WHEREAS, a vote of the majority of the quorum present passed on, voted in favor of, 2of15