17-Deliberate and act on a Resolution approving an Agreement between the COP and Lamar County Water Service District for release of Daisy Farms property

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The City agrees not to object or oppose the renewal or extension of the Contract as long as the District's 2009 Water System Revenue Bonds are outstanding. Provided, however, the City retains all rights of termination otherwise provided in the Contract. In consideration of the District's agreements set forth in Paragraph 1, the City agrees to provide such a letter conditioned as follows: A. The City will format the letter attached hereto as Exhibit "B" on City letterhead and execute the same for delivery to the TWDB; and B. Within thirty (30) days after the Effective Date, the City will tender said letter to the District; and C. The District will be responsible for the costs associated with the submission of the letter to the TWDB. 3. Agreement Concerning the District's Wholesale Supplv of Water to the Citv Pursuant to § 4.3 of the Contract, the District currently provides the City a wholesale supply of water sufficient for the City to provide continuous and adequate retail water service to its customers within the Wild Wood and Hills subdivisions and new City customers added to the District's distribution system in the City's corporate limits and ETJ since the Effective Date of the Contract. The City and District have, in the past, worked diligently to account for the billing from these meters. The City and District agree to continue the cooperative billing practices on the meters that are currently installed. However, as of the Effective Date of this Agreement, the Parties agree to modify paragraph 4.3 of the Contract in the following respects: A. City will not add new City customers to LCWSD's distribution system in the City's corporate limits or ETJ. B. City meters serving existing City customers receiving water from the District's distribution system in the City's corporate limits or ETJ will be removed upon transfer of title of the Property. Removal of the meter shall occur within thirty (30) days following the City's receipt of written notice and documentation establishing that the Property has been conveyed. This requirement does not apply to a conveyance to a person within the first degree of affinity or consanguinity as defined in Texas Gov't Code 573.023 and 573.025, respectively. C. The District will transfer to the City at no cost its eight inch (8") water line running along FM 195 commencing at a point approximately 1200 feet north from the intersection of Loop 286 and FM 195 and ending at the first District Repressurizing Station, and all retail customers connected to this line. The location of the eight inch (8") line is depicted in the diagram attached hereto as Page 14 1C3p)