Res 2016-119/approving a program for the use of a portion of Spring Lake Park for repatriation (re-burial) of certain Native American remains and artifacts; approving a memorandum of agreement between the City and the Indigenous Cultures institute for su

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RESOLUTION NO. 2016 -119R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, APPROVING A PROGRAM FOR THE USE OF A PORTION OF SPRING LAKE PARK FOR REPATRIATION (RE- BURIAL) OF CERTAIN NATIVE AMERICAN REMAINS AND ARTIFACTS; APPROVING A MEMORANDUM OF AGREEMENT BETWEEN THE CITY AND THE INDIGENOUS CULTURES INSTITUTE FOR SUCH USE; AND PROVIDING AN EFFECTIVE DATE. RECITALS: 1. The City Council appointed a subcommittee to negotiate the terms of a memorandum of understanding providing for the use of Spring Lake Park for repatriation of Native American remains and artifacts released to the Miakan -Garza band of the Coahuiltecan people. 2. The subcommittee has concluded its negotiations and recommends approval of the attached Memorandum of Understanding between the City of San Marcos and the Indigenous Cultures Institute. 3. Notices of a public hearing to be conducted on September 6, 2016 regarding the proposed use of Spring Lake Park for the repatriation program were published as required by Section 26.002 of the Texas Parks and Wildlife Code on August 14th, August 21St, and August 281h in the Austin American Statesman, a newspaper having general circulation in Hays County Texas that is published at least six days per week. 4. On September 6, 2016 the San Marcos City Council conducted a public hearing on the proposed use of a portion of Spring Lake Park for the repatriation program. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: PART 1. The City Council hereby finds that the proposed use of Spring Lake Park for repatriation of certain Native American remains and artifacts, in accordance with the attached Memorandum of Understanding, includes all reasonable planning to minimize any potential harm to Spring Lake Park as a park, recreation area, and habitat for endangered species. PART 2. The City Council hereby finds that there is no feasible and prudent alternative to the proposed use of Spring Lake Park for repatriation of certain Native American remains and artifacts due to its proximity to the headwaters of the San Marcos River and the area commonly known as the "Sacred Springs." PART 3. The City Council hereby approves the use of Spring Lake Park for the repatriation program and the attached Memorandum of Understanding between the City of San Marcos and the Indigenous Cultures Institute, a non -profit Texas corporation, providing for such use. The city manager is authorized to sign the Memorandum of Understanding on behalf of the City.