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<br /> 142 <br /> RESOLUTION 1989-35R <br /> A RESOLUTION OF THE CITY COUNCIL OF THE <br /> CITY OF SAN MARCOS, TEXAS APPROVING THE <br /> TERMS AND CONDITIONS OF A PROPOSED SITE <br /> EVALUATION AND DECONTAMINATION AGREEMENT, <br /> PHASE I, AUTHORIZING THE MAYOR'S <br /> EXECU'frON OF SAID AGREEMENT, AND <br /> DECLARING AN EFFECTIVE DA'fE. <br /> WHß REAS, it is necessary that the City of San Marcos, Texas enter <br />into an agreement as expeditiously as possible for the performance of <br />the first phase of services in connection with the evaluation and <br />decontamination of City property behind City Hall which has been <br />contaminated by gasoline and other substances; and, <br /> WHEREAS, present circumstances relating to said contamination <br />necessitates the procurement of such services under the general <br />exemptions set forth in Section 252.Ø22, V.T.C.A., Local Government <br />Code, specifically subsections ( 1 ), ( 2 ), and (3) thereof, from the <br />competitive bidding requirements of Section 252.Ø21(b), V.T.C.A., <br />Local Government Code; now, therefore, <br /> WHEREAS, the City Council specifically finds, pursuant to Chapter <br />252 of the Local Government code, that any delay in proceeding on this <br />project can be reasonably expected to result in serious and unforeseen <br />damage to the San Marcos River, to the City's water supply and to City <br />property and private property in the vicinity of the contamination; <br />and, <br /> '\vHEREAS, the City Council has determined that immediate action is <br />needed to protect the public health and safety; now, therefore, <br /> BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: <br /> PART 1. That the recitals maQe in the above preamble are adopted <br />and incorporated herein in their entirety and found to be true and <br />correct. <br /> PART 2. That the -terms and conditions of that proposed Site <br />Evaluation And Decontamination Agreement, Phase I,v.Tith Hazcorp, Inc., <br />d/b/a Tank Check Environmental Services, a copy of which Agreement is <br />attached hereto and. incorporated herein for all purposes, are hereby <br />approved. <br /> PART 3. That the City Manager, Larry D. Gilley, is hereby <br />authorized to execute said Agreement on behalf of the City of San <br />Marcos. <br /> PART 4. That this Resolution sha 11 be in full force .and effect <br />from and after its passage. <br /> ADOPTED this the 24 day of April , 1989. <br /> ~M.~ <br /> Kat y Morris <br /> Mayor <br />Attest: ), .. <br />~' I I. ':g¡: ØJ¡}) ,) <br />fíû'lJ&l_~Ø}, :/ 1/I~C¡2/ <br />l - <br />Jánis K. Womack <br />City Secretary <br />