Res 2012-155 - Laserfiche WebLink

Home Browse Search

and approved the Program Funding Application of San Marcos /Texas State University; and WHEREAS, it is in the public interest that the EAA and San Marcos /Texas State University implement the Conservation Measure and other Program Activities by entering into this Funding Contract. NOW, THEREFORE, for and in consideration of the mutual promises and benefits contained herein, the sufficiency of which is hereby acknowledged, the Parties agree as follows: ARTICLE I. DEFINITIONS As used in this Funding Contract, the following terms shall have the following meanings: A. "Annual Program Budget" means the budget for Program Expenditures adopted by the EAA Board of Directors pursuant to the process described in Sections 4.4 through 4.7 of the FMA, subject to the limitations in Section 3.2 and Subsection 5.2.1 of the FMA. B. "Conservation Measure" means a measure identified in Chapter 5 of the EAHCP, as such measure may be modified pursuant to adaptive management, or a new measure developed and approved through adaptive management, to minimize or mitigate to the maximum extent practicable the impacts of the authorized taking of the Covered Species or contribute to the recovery of the Covered Species. C. "Covered Species" means the species identified in Table 1 -3 of the EAHCP, for which the EAHCP provides protection in a manner sufficient to meet all of the criteria for issuing an ITP. D. "Edwards Aquifer Habitat Conservation Plan" (or "EAHCP" or "HCP ") means the conservation plan prepared by the EAA and San Marcos /Texas State University, among others, approved by the EAA Board of Directors, required by Section 10(a)(2)(A) of the ESA, and submitted to and approved by the Service as part of the application for an ITP. E. "Funding and Management Agreement" (or "FMA ") means the agreement effective January 1, 2012, as may be amended, to which the EAA, San Marcos /Texas State University, the City of San Marcos, Texas State University - San Marcos, and the San Antonio Water System are parties, which provides for the funding and management of the EAHCP. F. "HCP Program Account" means the restricted account, composed of a reserve fund and an operations fund, created by the EAA in accordance with Section 5.4 of the FMA to accumulate and disburse Program Aquifer Management Fees consistent with the Annual Program Budget for the implementation of the EAHCP and the ITP. G. "Implementing Agreement" means the agreement entered into by the EAA, New Braunfels, the City of San Marcos, the City of San Antonio acting by and through its San Antonio Water System Board of Trustees, Texas State University - San Marcos, Texas Parks and Wildlife Department, and the Service to implement the EAHCP. 3of15