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<br />23 <br /> <br />FIRST AMENDED AGREEMENT <br />REGARDING DEVELOPMENT OF <br />LOWMAN RANCH MUNICIPAL UTILITY DISTRICT <br /> <br />THE STATE OF TEXAS <br /> <br />COUNTY OF HAYS <br /> <br />§ <br />§ <br />§ <br /> <br />KNOW ALL MEN BY THESE PRESENTS: <br /> <br />THIS FIRST AMENDED AGREEMENT (the "Amended Agreement") <br />is made as of the day of October, 1988, and entered <br />into by and among the City of San Marcos, Texas (the "City"), <br />a municipal corporation situated in Hays County, Texas, <br />acting by and through its duly authorized city Manager; <br />Jeffry B. Lewis, Trustee, and Lowman Ranch Ltd., a Texas <br />limited partnership, (together, "LRL") , who together are the <br />holders of legal title to a majority in value of the land <br />comprising the proposed Lowman Ranch Municipal Utility <br />District (the "District"), which is more particularly <br />described in Exhibit "A", attached hereto and incorporated <br />herein by reference, consisting of approximately 919.69 acres <br />situated wholly in Hays County, Texas, all of which lies <br />within the extraterritorial jurisdiction of the City. This <br />Amended Agreement is entered into in response to a request <br />made by the Texas Water Commission as a requirement for <br />creation of the District. This Amended Agreement supercedes <br />and shall be valid for all purposes in place of the <br />Agreement, dated February 9, 1987. <br /> <br />For and in consideration of the mutual agreements, <br />covenants, and conditions in this Amended Agreement the <br />parties hereto contract and agree as follows: <br /> <br />ARTICLE ONE <br /> <br />GENERAL STATEMENT <br /> <br />Pursuant to State law, a city in whose extraterritorial <br />jurisdiction the creation of a municipal utility district is <br />proposed has the right to consent to its creation, and must <br />grant such consent in a written document. With the execution <br />of the Agreement Regarding Development of Lowman Ranch <br />Municipal Utility District, dated as of February 9, 1987, the <br />Ci ty duly adopted an ordinance granting its consent to the <br />creation of the District. LRL will comply with certain <br />