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• RESOLUTION NO. 2009 -36R <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN <br />MARCOS, TEXAS, ACCEPTING AND APPROVING THE <br />PLACEMENT OF RESTRICTIVE COVENANTS ON PARTS OF <br />THE ELECTRIC UTILITY PROPERTY AND HIGHWAY 123 <br />RIGHT -OF -WAY; AUTHORIZING THE CITY MANAGER TO <br />EXECUTE THE DOCUMENTS; AND DECLARING AN <br />EFFECTIVE DATE. <br />RECITALS: <br />1. The Texas Commission on Environmental Quality (TCEQ) designated some of the <br />Highway 123 right -of -way just east of Interstate 35, along with a portion of the San Marcos Electric <br />Utility Property as a state groundwater plume superfund site. This designation is due to the presence <br />of polychlorinated biphenyls (presumably from dry cleaning businesses that used to be in the area). <br />2. As a result of the designation as a groundwater plume site, TCEQ requires that certain <br />precautions and notice to TCEQ be taken before beginning any construction in the area. Since the <br />city has utilities located within the groundwater plume area, the city sought some relief from the <br />notice requirements for any case where emergency construction might be necessary. <br />3. The City and TCEQ ave reached an agreement whereby the attached restrictive <br />Q <br />covenants carve out emergency procedures that would allow the city to begin emergency repair of its <br />utilities prior to any required notification to TCEQ. <br />4. City staff recommends approval of the attached restrictive covenants. <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: <br />PART 1. The terms and conditions of the attached Restrictive Covenants for the Electric <br />Utility and Highway 123 Right -of -way are approved and accepted. <br />PART 2. The City Manager, Rick Menchaca, is authorized to execute the Restrictive <br />Covenants. <br />• <br />