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<br />199. <br /> <br />OR... 'f:! ~;)AL <br />H ~d i'~ .. <br /> <br />AMENDMENT NO.1 TO <br />INTERLOCAL AGREEMENT FOR <br />ROADWAY CONSTRUCTION <br /> <br />Effective Date: <br /> <br />August 16, 2005 <br /> <br />Parties: The City of San Marcos (the "City"), the County of Hays (the "County"), and the <br />San Marcos Consolidated Independent School District ("SMCISD") <br /> <br />Recitals: <br /> <br />1. The City, the County and SMCISD entered into an Interlocal Agreement for Roadway <br />Construction dated September 30, 2004 (the "Interlocal Agreement") to cooperate in the process of <br />designing and constructing various roadway improvements, including a project for improvements to <br />the intersection of State Highway 123 and Old Bastrop Road (County Road 266) (the "SH 123/CR <br />266 Intersection Project"). <br /> <br />2. The estimated cost of the Intersection Improvements Project has increased, and the <br />Texas Department of Transportation ("TXDOT'') has requested the City to execute an Advance <br />Funding Agreement regarding the costs for the Intersection Improvements Project. <br /> <br />3. The City, the County and SMCISD wish to amend the Interlocal Agreement to revise the <br />contributions to be made by the City, the County and SMCISD to the cost of the Intersection <br />Improvements Proj ect. <br /> <br />Amendment: <br /> <br />In consideration of the mutual covenants and agreements contained herein, as well as other <br />good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the <br />City, the County and SMCISD agree to amend the Interlocal Agreement as follows: <br /> <br />1. Sections 3 and 4.A of the Interlocal Agreement are amended as follows (underlining <br />indicates added language and overstrike indicates deleted language): <br /> <br />Section 3. Contributions from Local Entities. <br /> <br />A. County: Not to exceed $350,000 $300,000 <br /> <br />B. City: Not to exceed $356,018.56 $300,000 <br /> <br />C. SMCISD: Remaining costs, based on actual bid costs for the CR 266 Proiect from <br />SH 123 to intersection with McCarty Lane, and the McCarty Lane extension proiect, and the <br />final TXDOT preliminary cost estimates- for the SH 123/CR 266 futersection Proiect, not to <br />exceed $1.059.126.26 $700,000. Any additional funding will require consent from <br />SMCISD's governing body or its authorized representative. <br /> <br />Section 4. Responsibilities of Local Entities by Improvement. <br />