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19 RESOLUTION 1992 - 106 R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A TRANSFER, ASSIGNMENT, SUBROGATION AND COOPERATION CONTRACT BETWEEN THE CITY AND THE TEXAS WATER COMMISSION IN CONNECTION WITH REIMBURSEMENT OF CITY PETROLEUM TANK CLEANUP EXPENSES; AUTHORIZING THE SUBMISSION OF THE FUND PAYMENT RESPONSE FORM; AUTHORIZING THE CITY MANAGER TO ACT IN ALL MATTERS INCIDENT TO THE CONTRACT ON BEHALF OF THE CITY; AND DECLARING AN EFFECTIVE DATE. WHEREAS, on April 24, 1989, the City of San Marcos entered into an agreement with Hazcorp, Inc. d/b/a Tank Check Environmental Services for the site evaluation and decontamination of leaking petroleum storage facilities (TWC LPST I.D. No. 92680) on City property; and, WHEREAS, the City expended approximately $500,307.14 in additional remediation costs to Tank Check for its services up to the time of submitting its second reimbursement application to the Texas Water Commission; and, WHEREAS, the city submitted its second application for reimbursement of remediation costs from the Petroleum Storage Tank Remediation Fund, pursuant to Section 26.3573 of the Texas Water Code on October 9, 1991; and, WHEREAS, the Ci ty has been notif ied by the Texas Water Commission that it may be entitled to reimbursement of most of these remediation costs; and, WHEREAS, the reimbursement covers only those City clean-up costs expended between the time of the City's last reimbursement application dated February 25, 1991, and the time of the City's current application; and, WHEREAS, in order to obtain reimbursement, the City is required to execute the attached Contract of Transfer, Assignment, Subrogation, and Cooperation with the Texas Water Commission; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: PART 1. That the terms and conditions of the Contract of Transfer, Assignment, Subrogation and Cooperation between the City of San Marcos and the Texas Water Commission, a copy of which is attached hereto and incorporated herein for all intents and purposes, are hereby approved. PART 2. That the submission of the attached Fund PaYment Response Form is hereby approved. PART 3. That the City Manager, Larry D. Gilley, is hereby authorized to act in all matters incident to the Contract on behalf of the City of San Marcos. PART 4. That the City I s submission of the reimbursement application, and execution of the attached contract, and receipt of reimbursement paYment, are not intended to reflect, and shall not be construed as, a representation on the City'S part regarding the full extent of the necessary remediation, or the number or type of occurrences, as that term is defined in 31 TAC, Section 334.2, at the remediation site.