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79 RESOLUTION 1992- 35 R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, APPROVING A LETTER AGREEMENT BETWEEN THE CITY, THE TEXAS DEPARTMENT OF TRANSPORTATION AND THE UNION PACIFIC RAILROAD COMPANY AMENDING THAT AGREEMENT EXECUTED BY THE CITY ON NOVEMBER 4, 1991 FOR THE CONSTRUCTION OF AN AT-GRADE RAILROAD CROSSING AT THE INTERSECTION OF POST ROAD AND LOOP 82 IN SAN MARCOS: AUTHORIZING THE CITY MANAGER TO EXECUTE THE LETTER AGREEMENT ON BEHALF OF THE CITY AND DECLARING AN EFFECTIVE DATE. WHEREAS, on November 4, 1991 the City entered into an agreement with the Texas Department of Transportation and the Union Pacific Railroad Company for construction of an at-grade railroad crossing in conjunction with the realignment of Post Road at its intersection with Loop 82: and, \vHEREAS, the parties agree to amend the original contract of November 4, 1991 to change the material used in the project and to correct the Highway Station where Post Road intersects the Railroad: now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: PART 1. That the terms and conditions of a letter agreement amending that agreement between the City, the Texas Department of Transportation and the Union Pacific Railroad Company (through its predecessor-in-interest, the Missouri Pacific Railroad Company) for the construction of an at-grade railroad crossing, a copy of which is attached hereto and incorporated herein for all intents and purposes, are hereby approved. PART 2. That the City Manager, Larry D. Gilley, be and he is hereby authorized to execute this agreement on behalf of the City. PART 3. That this Resolution shall be in full force and effect immediately from and after its passage. ADOPTED this the 23rd l~Y of Ma~l V~ Kat y M. ~orris c Mayor Attest: o4r am,:f~/ IJ'~ t! IJ). : Janis K. Womack City Secretary