11052007 Regular Meeting - Laserfiche WebLink

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Regular Meeting November 5, 2007 Page 4 WONDER WORLD DRIVE EXTENSION PROJECT; RATIFYING PREVIOUS NEGOTIATIONS AND ACTIONS; AND DECLARING AN EFFECTIVE DATE. Mr. Jones moved to table the Resolution, and Mr. Guerrero seconded the motion, which passed unanimously. Mayor Narvaiz introduced for consideration Item 20, removed from the consent agenda, adoption of a Resolution, the caption which was read as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, INDICATING ITS INTENTION TO ACCEPT THE ASSIGNMENT OF THE RIGHTS AND OBLIGATIONS OF HAYS COUNTY UNDER THAT PORTION OF A PASS - THROUGH TOLL AGREEMENT BETWEEN HAYS COUNTY AND THE TEXAS DEPARTMENT OF TRANSPORTATION THAT PERTAIN TO FM 110 (SAN MARCOS LOOP) AND DECLARING AN EFFECTIVE DATE. Mr. Guerrero moved to table the Resolution, and Mr. Jones seconded the motion. Mr. Thomaides stated he has some concerns regarding rights and obligations in Recital 1 of the contract. Mr. Cosentino, City Attorney, stated this is a preliminary step paralleling the County Commissioners. He stated the Council will review the formal agreement with TxDOT and the County at a future meeting. He also stated this agreement is for the intent for the Council, so TxDOT can pursue. Mr. Thomaides inquired to the obligations of the agreement. Mr. Cosentino stated this Resolution provides that the City of San Marcos will accept an assignment of Hays County's rights and obligations under that portion of a Pass - Through Toll Agreement with TxDOT pertaining to FM 110. He stated this Resolution is to show the intent to pay for the roadway. Mayor Narvaiz stated this agreement language is so the County can proceed with TxDOT and receive the funding for the project. She stated if TxDOT agrees to the funding at that point there will be a three way agreement with TxDOT, Hays County and the City, which will outline the project and obligations. Mr. Jones moved to amend Resolution in Part 1 to read . . . The City of San Marcos expresses its intention to accept an assignment of Hays County's rights and obligations under that portion of a Pass - Through Toll Agreement with TxDOT pertaining to FM 110, subject to approval by TxDOT. The final form and content of an assignment agreement will be subject to approval by the San Marcos City Council., and Ms. Robertson seconded the motion, which passed unanimously. Mayor Narvaiz stated this Resolution will be provided to the County, so the County can provide TxDOT with the Council's intent. She stated she feels it is important for the County to get back with TxDOT and find out what their options are. Mr. Thomaides stated even though this is a preliminary step, he feels the Council should have a draft of the agreement which provided the information about the proposed project. The Council then voted unanimously for adoption of the Resolution.