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223. <br /> <br />RESOLUTION NO. 2004- 24 R <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br />SAN MARCOS, TEXAS, APPROVING THE TERMS AND <br />CONDITIONS OF AN AGREEMENT BETWEEN THE CITY AND <br />TEXAS STATE UNIVERSITY-SAN MARCOS REGARDING THE <br />SESSOM CREEK DIVERSION PROJECT; AUTHORIZING THE <br />CITY MANAGER TO EXECUTE THE AGREEMENT ON <br />BEHALF OF THE CITY; AND DECLARING AN EFFECTIVE <br />DATE. <br /> <br />RECITALS: <br /> <br /> 1. Part of the campus of Texas State University-San Marcos (Texas State) borders on Sessom <br />Drive and University Drive. Sessom Creek runs through this property near the former federal fish <br />hatchery ponds that are now part of Texas State's campus. This property is near the San Marcos <br />River and Sessom Creek flows into the river a short distance from Texas State's .campus. <br /> <br /> 2. Sessom Creek serves as the watershed channel for a large residential and commercial <br />section of the northwest quadrant of the City. The northern portion of Texas State's campus is also <br />in this watershed. <br /> <br /> 3. At times of heavy rainfall, the creek carries sediment into the San Marcos River. <br />Development in this quadrant of the city has caused a sandbar to form in the river near the point <br />where Sessom Creek flows into the river. Both the City and Texas State are interested in removing <br />this sandbar and reducing the potential of its recurrence in the future. <br /> <br /> 4. Engineering studies have shown that water and sediment from Sessom Creek during heavy <br />rainfalls could be diverted into the nearby water pond, allowing the sediment to settle into the pond's <br />basin. The creek's water would then continue its flow into the river with an 80% to 95% reduction <br />in coarse sediment load. <br /> <br /> 5. The City and Texas State wish to enter into an agreement to set forth the terms under <br />which the parties will cooperate to divert Sessom Creek into the water pond, allowing the sediment <br />to settle, and then permitting the water to flow out of the pond and into the river. <br /> <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: <br /> <br /> PART 1. The attached agreement between the City of San Marcos and Texas State <br />University-San Marcos regarding the Sessom Creek Diversion Project is approved. <br /> <br /> PART 2. The City Manager, Dan O'Leary, is authorized to execute the agreement on behalf <br />of the City. <br /> <br />PART 3. This Resolution is in full force and effect immediately from and after its adoption. <br /> <br /> <br />