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132. <br /> <br />RESOLUTION NO. 2004- 78 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 />CARPER-CARMA PROPERTIES NO. 1 LTD. RELATED TO THE <br />NORTH IH-35 WASTEWATER IMPROVEMENTS PROJECT; <br />AUTHORIZING THE CITY MANAGER TO EXECUTE THE <br />AGREEMENT; AND DECLARING AN EFFECTIVE DATE. <br /> <br />RECITALS: <br /> <br /> 1. The City and Carper-Carma Properties No. 1, Ltd. ("Carper-Carma") are parties to the <br />Amended and Restated North IH~35 Wastewater Utility Improvement Agreement approved by the <br />City Council in September, 2003. The Wastewater Agreement calls for Carper-Carma and another <br />party, Bennett Realty Group, to make a contribution of $687,908.53 towards funding for the first <br />phase of construction of the wastewater line. <br /> <br /> 2. Carper-Carma is in the process of confirming the feasibility of its development, which <br />may include the need for a new railroad overpass connecting Yarrington Road to its property. <br />Carper-Carma is willing to make the funding contribution, but has asked the City to reimburse the <br />contribution if Carper-Carma determines that its development is not feasible. <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 Carper-Carma <br />Properties No. 1, Ltd. 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 />ADOPTED on April 26, 2004. <br /> <br />Attest: <br /> <br />Janis K. Womack <br />City Clerk <br /> <br />Robert Habingreither <br />Mayor <br /> <br /> <br />