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18. RESOLUTION NO. 2004--A.LR A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, APPROVING AMENDMENT NO. 1 TO THE AMENDED AND RESTATED AGREEMENT FOR THE NORTH IH-35 WASTEWATER IMPROVEMENTS PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDMENT; AND DECLARING AN EFFECTIVE DATE. RECITALS: 1. On September 22, 2003, the City Council approved an Amended and Restated Wastewater Utility Improvement Agreement (the "Agreement") between the City, Bennett Realty Group, Perry Financial Corporation" Chuck Nash, and Dam Blanco Partnership to jointly participate in funding the costs of the North IH-35 Wastewater Improvements Project along 1H-35 North of the Blanco River. 2. The owners of an additional tract of property in the area of the project, Joyce Barrett Reasoner and Harry Reasoner (the "Reasoners"), have requested an amendment to the Agreement to add them as Parties to the Agreement, and the City Council wishes to approve an amendment to the Agreement to approve the request of the Reasoners.. 3. The Parties to the Agreement also wish to amend the Agreement to reflect the fact that Carper-Carma Properties No.1, Ltd. has succeeded to the interests of Blanco under the Agreement, and to postpone the completion date for Phase I of the Project. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: PART 1. The terms and conditions of the attached Amendment No. 1 to Amended and Restated Wastewater Utility Improvement Agreement are approved. PART 2. The City Manager, Dan O'Leary, is authorized to execute the attached amendment on behalf of the City after execution of the amendment by the other parties. PART 3. This Resolution is in full force and effect immediately from and after its adoption. ADOPTED on March 8, 2004. ~~ Attest: ~. í Di}¡fl/',m ;" ø! ~..." t· Janis K. Womack City Clerk Robert Habingreither Mayor