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INTERLOCAL AGREEMENT <br />BETWEEN THE <br />SAN ANTONIO WATER SYSTEM AND THE CITY OF SAN MARCOS <br />This Interlocal Cooperation Agreement ( "Agreement ") is made this 7th day of May, 2013 <br />between the San Antonio Water System ( "SAWS ") and the City of San Marcos, Texas acting by <br />and through their authorized officers. <br />RFCITOI C%- <br />WHEREAS, this Agreement is authorized by Chapter 791 of the Texas Government Code <br />and Subchapter F, Chapter 271, Texas Local Government Code; and <br />WHEREAS, Section 791.011 of the Texas Government Code authorizes a local <br />government to contract or agree with another local government to perform governmental <br />functions and services; and <br />WHEREAS, Section 271.102 of the Texas Local Government Code authorizes a local <br />government to participate in a Cooperative Purchasing Program with another local government <br />or a local cooperative organization; and <br />WHEREAS, a local government that purchases goods and services pursuant to a <br />Cooperative Purchasing Program with another local government satisfies the requirement of <br />the local government to seek competitive bids for the purchase of the goods and services; and <br />WHEREAS, each party, in paying for the performance of governmental functions <br />hereunder, will make those payments from current revenues legally available to that party; and <br />WHEREAS, the parties, in performing governmental functions or in paying for the <br />performance of governmental functions hereunder will make that performance or those <br />payments from current revenues legally available to that party; <br />WHEREAS, the governing bodies of each party find that the subject of this contract is <br />necessary for the benefit of the public and that each party has the legal authority to perform <br />and to provide the governmental function or service which is the subject matter of this <br />contract; furthermore, the governing bodies find that the performance of this contract is in the <br />common interest of both parties; and that the division of cost fairly compensates the <br />performing party for the services under this contract. <br />NOW THEREFORE, pursuant to the authority granted by the Texas Interlocal <br />Cooperation Act, Chapter 791 of the Texas Government Code providing for the cooperation <br />between local governmental bodies; the parties hereto, in consideration of the premises and <br />mutual promises contained herein, agree as follows: <br />1 <br />