Res 2011-078 - Laserfiche WebLink

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a Interlocal Agreement Between the City of San Marcos and Texas State University -San Marcos for the construction of utility infrastructure and the provision of electric and wastewater service by the City to support the proposed Texas State Recital Hall and Theater, South Chill Plant, and Parking Garage The City of San Marcos and Texas State University -San Marcos, enter into this Interlocal Agreement (the "Agreement ") under the authority of the INTERLOCAL COOPERATION ACT, CHAPTER 791 OF THE TEXAS GOVERNMENT CODE, as amended. For and in consideration of the mutual agreements herein exchanged, the Parties hereby contract as follows: Section 1. Purpose and Legal Authority (a) The purposes of this Agreement are: (1) to delineate the roles, responsibilities and contributions of the parties with regard to the City's construction of certain public infrastructure as described herein; (2) to facilitate Texas State's development of certain new facilities; 3) to improve the appearance of the City's downtown district; and (4) to coordinate roadway and street lighting improvements in the campus and downtown areas in conjunction with these public projects. (b) The parties agree that the construction of the improvements described in this Agreement advances the mutual goals of the City and Texas State. (c) The parties to this Agreement are authorized to enter into this Agreement pursuant to §791.011 OF THE TExAS GOVERNMENT CODE. As defined in Section 791.003 such governmental functions and services include the activities of the parties under this Agreement including but not limited to sanitary sewers and sewer service, regulation of traffic, street construction and design, and maintenance of traffic signs and signals. (d) In order to provide adequate electric service to support the construction and operation of these new Texas State facilities and other future campus improvements the City has agreed to design and construct electric improvements to provide electric service in exchange for cost participation from Texas State that reimburses the City for certain costs related to the extension of these project improvements. Section 2. Definitions. The following definitions apply in this Agreement. When not inconsistent with the context, words used in the present tense include the future; words in the plural 1