Res 2015-105/Approving an interlocal agreement with the City of Kyle allowing each city to install gateway monument signs within TxDOT right-of-way in the other’s city limits

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INTERLOCAL AGREEMENT This Interlocal Agreement (the "Agreement ") is entered into effective as of September 1, 2015 (the "Effective Date ") between the City of Kyle, Texas, a municipal corporation ( "Kyle ") and the City of San Marcos, Texas, a municipal corporation ( "San Marcos ") under the authority of the Texas Interlocal Cooperation Act, Chapter 791 of the Texas Government Code. I. Recitals 1.01. The cities of Kyle and San Marcos share a common boundary line along IH -35 near the Yarrington Road overpass. 1.02. The Texas Department of Transportation ( "TXDOT") has authorized funding to assist both cities install gateway monument signs within TXDOT right -of -way north and south of Yarrington Road. 1.03. San Marcos wishes to place its sign within the city limits of Kyle to welcome visitors approaching San Marcos from the north, while Kyle wishes to place its sign within the city limits of San Marcos to welcome visitors approaching Kyle from the south. 1.04. Before TXDOT will allow such gateway monument sign installations, it requires the mutual consent of each city to allow the placement of the other's sign within its city limits. 1.05. The purpose of this Agreement is to delineate the rights and responsibilities of the parties with regard to the installation of said gateway monument signs. The activities of the parties under this Agreement are governmental as defined in §791.003 of the Texas Government Code. 1.06. In consideration of the foregoing and the following mutual promises, covenants, benefits and agreements contained herein, San Marcos and Kyle enter into this Agreement. II. Sign Installation Section 2.01. Consent to Signs. Kyle and San Marcos each consent to the other's installation of a gateway monument sign within its city limits. Section 2.02. Sign Types and Locations. The signs installed by the parties shall comply with the standards under TXDOT's Gateway Monument Program Guidelines, attached hereto as Exhibit "A," and made a part hereof for all purposes, and shall be subject to approval by TXDOT. Each sign will be located within the areas of TXDOT right -of -way as shown on Exhibit "C, attached hereto and made a part hereof for all purposes. Section 2.03. Maintenance. The parties shall maintain their respective signs in good, clean and safe repair and condition, free of graffiti and obstructions. Each party hereby grants permission to the other to enter into its city limits within the areas shown in Exhibit "B," in order to conduct necessary sign maintenance and repairs.