Res 2023-001/approving an Interlocal Agreement with Hays County providing for the County to fund $2,000,000.00 toward the purchase of easements and right-of-way for the Purgatory Creek Improvements Project

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INTERLOCAL AGREEMENT BETWEEN THE CITY OF SAN MARCOS, TEXAS AND HAYS COUNTY, TEXAS FOR FUNDING THE PURCHASE OF EASEMENTS AND RIGHT-OF-WAY FOR THE PURGATORY CREEK IMPROVEMENTS PROJECT This Agreement is made and entered into on 'Sa.,h, 3 , 2023 (the "Effective Date") by Hays County, a political subdivision of the State of Texas ("County")and the City of San Marcos, a Texas home rule municipality ("City") under the authority of Chapter 791, of the Texas Government Code. For and in consideration of the mutual agreements herein exchanged, County and City hereby contract as follows: I. Purpose and Legal Authority. 1.1 At an election held on November 3, 2020, the voters of Hays County, Texas approved the issuance of general obligation bonds in the amount of$75,000,000.00 (the "Bond Funds"), for parks, trails, recreation, and related projects. 1.2 The City has requested an award of Bond Funds for the proposed purchase of various real property interests in Hays County and preliminary work associated with such purchases for the Purgatory Creek Improvements Project(the"Project"). The Project will provide for connectivity, green space, flood mitigation and enhancement of water quality, as more particularly described in Exhibit A, attached hereto and made a part hereof (the "Project Description"). 1.3 The County has determined that the City's proposed acquisition of real property interests and associated preliminary work for the purposes outlined in the Project Description qualifies for an award of Bond Funds, subject to the City's allocation of matching funds. The purpose of this Agreement is to provide the terms under which the County will provide funding to the City for the City's purchase of the real property interests and associated preliminary work.