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I I I 85. RESOLUTION NO. 2006- 20 R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, APPROVING A PIPELINE CROSSING AGREEMENT BETWEEN THE CITY AND UNION PACIFIC RAILROAD COMPANY RELATED TO THE HOPKINS STREET RAILROAD CROSSING EMERGENCY WATER LINE PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE FINAL AGREEMENT ON BEHALF OF THE CITY AND DECLARING AN EFFECTIVE DATE. RECITALS: 1. The Union Pacific Railroad Company (the "Railroad") owns right-of-way located within the City which will be affected by an emergency repair to the City's water line which runs underneath the Railroad right-of-way near its intersection with Hopkins Street. 2. The water line repair constitutes an emergency project, and therefore, the City has not yet submitted final plans to the Railroad. 3. It is necessary to approve this pipeline agreement now, in substantially the form attached to this Resolution, in order to perform work in the Railroad right-of-way on an emergency basis. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: PART 1. A pipeline crossing agreement between the City and the Union Pacific Railroad Company related to the Hopkins Street Railroad Crossing Emergency Water Line Project is approved in substantially the form attached to this resolution. PART 2. The City Manager, Dan O'Leary, and the City Attorney, Mark Taylor, are authorized to finalize the agreement, and the City Manager, Dan O'Leary, is authorized to execute the final agreement on behalf of the City. P ART 3. This Resolution shall be in full force and effect immediately from and after its passage. ADOPTED on February 7, 2006. ~zt~ Mayor At:;ti1/JW# ~ JanislC. Womack City Clerk