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INTERLOCAL AGREEMENT BETWEEN THE CITY OF SAN MARCOS, TEXAS AND <br />HAYS COUNTY, TEXAS FOR THE COMPLETION OF THE McCARTY LANE AND FM <br />110 (SAN MARCOS LOOP) ROADWAY IMPROVEMENT PROJECTS <br />This Agreement is made and entered into by Hays County, a political subdivision of the <br />State of Texas ("County") and the City of San Marcos, Texas ("City") under the authority of <br />Chapter 791, of the Texas Government Code. The above-cited parties are hereinafter <br />collectively referred to as "the Parties" or "the Parties to this Agreement." <br />For and in consideration of the mutual agreements herein exchanged, the Parties hereby <br />contract as follows: <br />Article I: Purpose and Legal Authority. <br />1.1 The purpose of this Agreement is to provide an understanding between the Parties <br />that facilitates the completion of roadway projects (the "Project") that include <br />widening and extending McCarty Lane from IH-35 to FM 266 (Old Bastrop Hwy) <br />and constructing FM 110 (San Marcos Loop) from McCarty Lane to SH 123. This <br />Agreement will delineate the responsibility of each party to complete or pay for <br />the completion of each phase of work for each particular roadway segment of the <br />Project. These phases include design, right of way acquisition, environmental <br />clearance, utility relocation, bidding, award of contracts, contract administration, <br />construction inspection, payments to contractors, final acceptance, and roadway <br />maintenance. The Parties, as units of local government, are authorized by <br />§791.011 of the Texas Government Code to contract with each other to perform <br />certain governmental functions and services. As defined in §791.003 of the Texas <br />Government Code, such governmental functions and services include construction <br />and maintenance of public roadways. <br />