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INTERLOCAL COOPERATION AGREEMENT <br />BY AND BETWEEN HAYS COUNTY, TEXAS <br />AND THE CITY OF SAN MARCOS, TEXAS <br />This Interlocal Cooperation Agreement is made and entered into by and between HAYS COUNTY, <br />TEXAS, a political subdivision of the State of Texas, acting by and through its Commissioners' Court <br />(hereinafter "Hays County"), and THE CITY OF SAN MARCOS, TEXAS, a political subdivision of the State <br />of Texas, acting by and through its City Council (hereinafter "City of San Marcos"). <br />WHEREAS, this Agreement is entered into pursuant to the Interlocal Cooperation Act, Chapter 791 <br />of the Texas Government Code; <br />WHEREAS, on July 25, 2006, Hays County Commissioners' Court approved a resolution <br />authorizing the submission of an application to the Texas Parks and Wildlife Department for the purpose of <br />participating in the Land and Water Conservation Fund Grant Program ( hereinafter 1WCF Program") for <br />the San Marcos Springs Conservation Park; <br />WHEREAS, San Marcos Springs is 251 Acres of natural lands just outside the City of San Marcos' <br />city limits within Hays County, and the San Marcos Springs Conservation Project (hereinafter "Project") is a <br />plan to develop a significant protected area along the San Marcos River watershed; <br />WHEREAS, the Project includes 251 acres by purchased to develop San Marcos Springs <br />Conservation Park located north of the City of San Marcos. The proposed development includes. Walk- <br />hike trail, nature trail, Xeriscape demonstration garden, benches, scenic overlook with interpretive map, <br />wildlife observation areas, night time outdoor classroom comprising benches set in a classroom setting, <br />trailhead, wetland viewing station with interpretive signs, kiosk with interpretive signs and program signage. <br />The Hays County parks and the City of San Marcos are working cooperatively to develop parkland through <br />preserving the natural conditions along waterways of the area. <br />WHEREAS, Hays County and the City of San Marcos desire to enter into this Agreement for the <br />purpose of fulfilling and implementing the Project and to cooperate in the administration of the LWCF <br />Program as it will be beneficial to the citizens of both Hays County and the City of San Marcos. <br />WHEREAS, Hays County and the City of San Marcos, as units of local government, are authorized <br />by §791.011 of the Texas Government Code to contract with each other to perform certain governmental <br />functions and services, including parks and recreation, planning, administrative functions, and public health <br />and welfare. <br />NOW THEREFORE, in consideration of the mutual covenants and considerations contained <br />herein, Hays County and the City of San Marcos promise and agree as follows; <br />1. PURPOSE AND DUTIES <br />Hays County and the City of San Marcos jointly agree to participate in the LWCF Program. To <br />facilitate the development of the Project, Hays County will serve as the Sponsor for the LWCF Program, <br />San Marcos Springs Conservation Park, Project Number 48-001069, and the City of San Marcos will be a <br />co-participant in the LWCF Program with Hays County. Hays County hereby certifies that it is the