Res 2014-132/Standard Utility Agreement for the SH 123 and Wonder World Relocations Project

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RESOLUTION NO. 2014-132R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO A STANDARD UTILITY AGREEMENT WITH THE STATE OF TEXAS, BY AND THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION, PROVIDING FOR THE STATE TO REIMBURSE THE CITY IN THE ESTIMATED AMOUNT OF $2,591,641.73 AND FOR THE CITY TO PAY NON - REIMBURSABLE FUNDS IN THE ESTIMATED AMOUNT OF $250,827.27 TO RELOCATE CITY UTILITY FACILITIES IN CONNECTION WITH THE STATE HIGHWAY 123 AND WONDER WORLD DRIVE OVERPASS PROJECT (ROW CSJ: 0366 -01- 069); AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE FINAL COSTS TO BE REIMBURSED BY THE STATE AND PAID BY THE CITY, AND OTHER TERMS UNDER THE AGREEMENT NOTWITHSTANDING SUCH ESTIMATED AMOUNTS; AND DECLARING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: PART 1. The City Manager is hereby authorized to enter into a Standard Utility Agreement (TXDOT Form ROW -U -35 and supporting attachments) with the State of Texas, by and through the Texas Department of Transportation, providing for the State to reimburse the City for the cost of relocating City utility facilities in connection with the State Highway 123 and Wonder World Drive Overpass Project (ROW CSJ: 0366 -01 -069). PART 2. Notwithstanding any estimated costs related to the relocation of the City's utilities as of the date of this Resolution, the City Manager is authorized to negotiate the final costs to be reimbursed by the State and paid by the City and other terms under such agreement. PART 3. The final agreement negotiated by the City Manager shall be attached to this Resolution upon execution by both parties. PART 4. This Resolution shall be in full force and effect immediately from and after its passage.