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38 ORDINANCE 1987-19 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, GRANTING THE CONSENT OF THE CITY OF SAN HARCOS TO THE CREATION OF A MUNICIPAL UTILITY DISTRICT: LOWMAN RANCH MUNICIPAL UTILITY DISTRICT SUBJECT TO VARIOUS TERMS AND CONDITIONS SET FORTH IN A SEPARATE AGREEMENT REGARDING THE DEVELOPMENT OF SAID DISTRICT WHICH IS MADE A PART OF THIS ORDINANCE, AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT, AND DECLARING AN EFFECTIVE DATE. WHEREAS, pursuant to Section 54. 016 of the Texas Water Code, the City Council of the City of San Marcos, Texas, (hereinafter the "City") has adopted Ordinance No. 1984-107 (the "Ordinancell) establishing a City policy on the creation of water districts within the extraterritorial jurisdiction of the City; and, WHEREAS, a petition for the consent of the City to the creation of a municipal utility district to be known as Lowman Ranch Municipal Utility District (the "District"), has been filed with the City, and all of said land is within the extraterritorial jurisdiction of the City; and, WHEREAS, the City Council of the City has evaluated the petition for consent to the creation of the District in accordance with the policy set forth in the Ordinance and determined that the proposed District substantially conforms to the policy except for those matters specifically addressed in the Consent Agreement and the development agreement to be adopted by a separate ordinance; and, WHEREAS, the City Council of the City has previously approved a consent agreement concerning said District; and, WHEREAS, certain proposed documents and agreements pertaining to this matter have been prepared by the District I s proponents with participation by the City's staff and have been reviewed by the City Council; now, therefore, BE IT ORDAINED MARCOS, TEXAS: BY THE CITY COUNCIL OF THE CITY OF SAN SECTION 1. That the terms and conditions of a proposed agreement pertaining to the development of Lowman Ranch Municipal Utility District between said City and the owners and developers of the property to be included in the proposed district, a copy of said proposed development agreement being attached hereto and incorporated herein for all purposes as though recited verbatim as Attachment "A", are hereby in all things approved. SECTION 2. That the Mayor be authorized to execute said agreement enumerated in Section 1 above. SECTION 3. That this Ordinance shall be in effect ten (10) days from and after its passage, and it shall be published in a newspaper of general circulation in the area as required by the Charter of the City of San Marcos, Texas. PASSED AND APPROVED on first reading January 26, 1987. PASSED AND APPROVED on second reading February 2, 1987. PASSED, APPROVED AND ADOPTED February /-~- \~~ Ÿ.;. Younger Mayor 9, 1987.