Res 2024-059 approving an amendment to the Interlocal Agreement with Hays County providing for the installation of city waterline facilities in conjunction with the Old Bastrop Highway

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AMENDMENT NO. 1 TO INTERLOCAL AGREEMENT BETWEEN HAYS COUNTY AND THE CITY OF SAN MARCOS, TEXAS RELATED TO THE OLD BASTROP HIGHWAY (CR 266) PROJECT RECITALS WHEREAS, on the 17th day of November 2020, the City of San Marcos, Texas ("the City"), and Hays County ("the County") (collectively referred to herein as "the Parties") entered into an interlocal agreement related to the Old Bastrop Highway (CR 266) Project ("the Agreement") which provided, among other things,for the County to acquire easements for and construct a water line for the City in conjunction with the County's road project and for the City to design the water line and reimburse the County for certain easements and for the water line construction; and WHEREAS, the easements have been acquired and that the obligations in Section 2.02 of the Agreement relating to the County deeding a replacement utility easement to the City and the County assigning the non-replacement easement to the City and Bluebonnet Electric have been performed and the City has reimbursed the County as required; and WHEREAS, the County has moved the date for the construction of the water line out to a later time period; and WHEREAS, the City now wishes to construct the water line itself and terminate the Agreement as to the remaining obligations for reimbursement to the County for the water line, and the County is agreeable to this amendment; and WHEREAS, the Parties now wish to enter into this Amendment No. 1 to the Agreement to terminate this agreement with no further obligations among the Parties; and NOW, THEREFORE, in consideration of the mutual covenants, obligations, and benefits hereunder, the Parties agree the Agreement is amended as follows: 1. The facts and recitations above in the Recitals of Amendment No. 1 are found and declared to be true and correct and are incorporated into this Amendment No. 1. 2. The obligations of both Parties in Sections 2.03, 3.01, and 3.03 of the Agreement relating to the City's 16-inch water line being bid for construction jointly with the construction of the Project are hereby amended such that the City's 16-inch water line will be separately bid and constructed by the City. 3. The City shall have no obligations under 3.04 (b) and (c) (related to payment for construction of the water line). 4. Section 3.06 of the Agreement and Exhibit B are hereby amended to remove any obligation for the City to pay to the County any funds for the construction of the 16-inch water line.