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THE STATE OF TEXAS §
<br />COUNTY OF HAYS §
<br />CITY OF SAN MARCOS AND HAYS COUNTY INTERLOCAL AGREEMENT TO
<br />PARTICIPATE IN THE FUNDING OF THE DEVELOPMENT OF FM 110 THROUGH
<br />CITY OF SAN MARCOS TRANSPORTATION REINVESTMENT ZONE NO. 1
<br />This Interlocal Agreement (this "Agreement') is made and entered into by and between the City of San
<br />Marcos, Texas ( "Ci!y"), and Hays County, Texas ("County"), each a political subdivision of the State of Texas
<br />(collectively, the "Parties ").
<br />WITNESSETH:
<br />WHEREAS, Chapter 791 of the Texas Government Code provides that any one or more public agencies
<br />may contract with each other for the performance of governmental functions or services in which the contracting
<br />parties are mutually interested; and
<br />WHEREAS, at duly called and noticed meetings on December 3rd and 17th, 2013, the City Council of the
<br />City of San Marcos (the "City Council "), pursuant to Section 222.106 of the Texas Transportation Code ( "Code "),
<br />adopted an ordinance (the "Adoption Ordinance "), a copy of which is attached as Exhibit "A" hereto, authorizing
<br />the creation of "Transportation Reinvestment Zone Number One, City of San Marcos" (the "San Marcos Zone "), to
<br />be effective immediately upon passage of the Adoption Ordinance; and
<br />WHEREAS, on May 6, 2014, the City Council adopted a correction ordinance (the "Correction
<br />Ordinance "), a copy of which is attached as Exhibit "B" hereto, to correct a clerical error concerning the attachments
<br />to the Adoption Ordinance; and
<br />WHEREAS, the San Marcos Zone was created to facilitate the development of portions of FM 110 and
<br />related improvements (the "Project ") in conjunction with the County; and
<br />WHEREAS, on May 6, 2014, the City Council adopted an ordinance (the "TRZ Dedication Ordinance "), a
<br />copy of which is attached as Exhibit "C" hereto, authorizing the City to remit to the County one -half of the
<br />incremental taxes collected by the City on property located in the San Marcos Zone to fund development of the
<br />Project and to enter into this Agreement; and
<br />WHEREAS, the Adoption Ordinance included the finding that the designation of the San Marcos Zone will
<br />promote public safety, facilitate the development or redevelopment of property, facilitate the movement of traffic,
<br />and promote the development of the Project; and
<br />WHEREAS, at a duly called and noticed meeting on December 10, 2013, the Hays County Commissioners
<br />Court (the "Commissioners Court"), pursuant to Section 222.107 of the Code, adopted an order (the "Adoption
<br />Order "), a copy of which is attached as Exhibit "D" hereto, authorizing the creation of "Transportation
<br />Reinvestment Zone Number One, County of Hays" (the "Hays County Zone "), to be effective immediately upon
<br />passage of the Adoption Order, and committing one -half of the incremental taxes collected by the County on
<br />property located in the Hays County Zone to fund development of the Project; and
<br />WHEREAS, the Adoption Order included the finding that the designation of the Hays County Zone will
<br />promote public safety, facilitate the development or redevelopment of property, facilitate the movement of traffic,
<br />and promote the development of the Project; and
<br />WHEREAS, in order to advance the Project the County has entered into an Advance Funding Agreement
<br />( "AFA "), a copy of which is attached as Exhibit "E" hereto, with the Texas Department of Transportation
<br />( "TxDOT ") whereby TxDOT will develop the Project and the County will reimburse TxDOT for the costs of the
<br />Project; and
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