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RESOLUTION 2008 - 18 R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, APPROVING THE CITY'S PARTICIPATION IN THE AUSTIN/ROUND ROCK METROPOLITAN STATISTICAL AREA 8- HOUR OZONE FLEX PROGRAM; AUTHORIZING THE CITY MANAGER TO EVALUATE POLLUTION CONTROL PRIORITIES AND STRATEGIES AND TO UNDERTAKE PUBLIC INVOLVEMENT AND OUTREACH EFFORTS TO PROMOTE THE 8-HOUR OZONE FLEX PROGRAM; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN INTERLOCAL MEMORANDUM OF AGREEMENT FOR ENTRY INTO THE 8-HOUR OZONE FLEX PROGRAM WITH OTHER ENTITIES IN THE FIVE COUNTY AUSTIN/ROUND ROCK METROPOLITAN STATISTICAL AREA AND DECLARING AN EFFECTIVE DATE. RECITALS: 1. The local governments within the Austin/Round Rock Metropolitan Statistical Area, including the geographical counties of Bastrop, Cadwell, Hays, Travis and Williamson, recognize that they have periodically monitored high ozone values close to exceeding the 8-hour National Ambient Air Quality Standards ("NAAQS") for ozone, and may therefore be subject to non-attainment designation by the Environmental Protection Agency ("EPA") if high ozone values are monitored in the future. 2. The City understands that long-term air quality will not improve without a concerted emission-reduction effort. 3. The EPA and the Texas Commission on Environmental Quality ("TCEQ") have approved the Guidance for 8-hour Ozone Flex Programs to support and reward innovative, voluntary, local strategies to reduce ground-level ozone, thereby improving air quality and helping areas maintain attainment. 4. The Austin region is currently designated in attainment of the 8-hour ozone NAAQS and 8-hour Ozone Flex Program ("8-03 Flex") Guidance Document allows a region to enter into an 8-03 Flex Program prior to monitoring ozone in violation of the NAAQS. 5. The 8-03 Flex Program is implemented through an Interlocal Memorandum of Agreement ("MOA") which will continue local clean air plan commitments undertaken in the Early Action Compact and will include additional commitments to maintain compliance with the ozone NAAQS. 6. Should the region fail to meet any 8-03 Flex terms or milestones and safeguards as established in the MOA then the region will immediately shift to the traditional non- attainment timeline in the event the region is monitoring ozone levels in excess of the NAAQS,