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117. <br /> <br />RESOLUTION NO. 2003 - 43R <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br />SAN MARCOS, TEXAS APPROVING THE TERMS AND <br />CONDITIONS OF A PROPERTY USE AGREEMENT <br />BETWEEN THE CITY AND SOUTHWEST TEXAS STATE <br />UNIVERSITY FOR THE CITY'S USE OF A PARKING AREA <br />DOWNTOWN AND THE UNIVERSITY'S USE OF A PARKING <br />AREA ALONG BOBCAT (CHARLES AUSTIN) DRIVE; <br />AUTHORIZING THE CITY MANAGER TO EXECUTE THE <br />AGREEMENT ON BEHALF OF THE CITY; AND DECLARING <br />AN EFFECTIVE DATE. <br /> <br />RECITALS: <br /> <br /> 1. The City owns property along Bobcat Drive (to be renamed Charles Austin Drive) <br />that Southwest Texas State University (SWT) desires to use for parking purposes. <br /> <br /> 2. SWT leases property from the Southwest Texas State University Support <br />Foundation located behind the Support Foundation's Fire Station Studio in downtown San <br />Marcos. The City desires to use this property for parking purposes. <br /> <br /> 3. The City and SWT wish to enter into an agreement under which the City will <br />permit SWT to use the Bobcat (Charles Austin) Drive property and SWT will permit the City <br />to use the Fire Station Studio Parking Lot. <br /> <br /> 4. A portion of the Bobcat (Charles Austin) Drive property is dedicated City <br />parkland, and because of this, the City Council, in accordance with Section 3.07(b)(1) of <br />the City Charter, has conducted a public hearing on the proposed agreement for use of the <br />Bobcat (Charles Austin) Drive property by SWT, and the City Council finds and determines <br />that the agreement will further the use of the property for park purposes, because 1) the <br />property will be improved for parking purposes by the City under the agreement, 2) SWT <br />will control use of the property only at certain times, and the property will be open to public <br />parking at other times, and 3) the City will construct, at the time the parking improvements <br />are made, a pedestrian connection between the property and an existing gravel jogging <br />trail. <br /> <br /> BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: <br /> <br /> PART 1. The terms and conditions of the Property Use Agreement attached to this <br />Resolution between the City and SWT is approved. <br /> <br /> PART 2. The City Manager, Dan O'Leary, is authorized to execute this Agreement <br />on behalf of the City. <br /> <br /> <br />