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RESOLUTION 2008-55R <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN <br />MARCOS, TEXAS APPROVING THE EXPENDITURE OF <br />$149,969.31 AND APPROVING A LETTER AGREEMENT WITH <br />THE NATURE CONSERVANCY FOR MITIGATION OF HARM TO <br />GOLDEN CHEEKED WARBLER HABITAT RELATED TO THE <br />WONDER WORLD DRIVE EXTENSION PROJECT, AND <br />DECLARING AN EFFECTIVE DATE. <br />RECITALS: <br />1. As part of the Wonder World Drive Extension project the City was required to <br />perform an environmental survey. Part of the requirement included obtaining clearance <br />from the U.S. Fish and Wildlife Service ("USFWS"). The USFWS determined that the <br />construction of the Wonder World Drive Extension would disturb some Golden Cheeked <br />Warbler (an endangered species) habitat, and as a result of this disturbance USFWS <br />placed certain requirements on the project. <br />2. One of those requirements was to either purchase twenty-four acres of habitat, or <br />pay the equivalent value ($149,969.31) into an approved fund restricted for use in <br />purchasing that critical habitat. <br />3. City staff negotiated the attached agreement with the Nature Conservancy for <br />donating money to the Conservancy under the restrictions stated in the Agreement. <br />The USFWS has approved of the restrictions and donation. <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: <br />SECTION 1. The expenditure of $149,969.31 for payment to the Nature <br />Conservancy for the eventual purchase of land suitable for Golden Cheeked Warbler <br />habitat is approved. <br />SECTION 2. The attached Letter Agreement with the Nature Conservancy is <br />approved and Interim City Manager, Collette Jamison, is authorized to execute the <br />agreement. <br />