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41 AGREEMENT CONCERNING CREATION AND OPERATION OF LOWMAN RANCH MUNICIPAL UTILITY DISTRICT THE STATE OF TEXAS § § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HAYS THIS AGREEMENT (the "Agreement") is made as of the 9th day of February, 1987, and entered into by and among the City of San Marcos, Texas (the "City"), a municipal corpo- ration situated in Hays County, Texas; Jeffrey B. Lewis, Trustee, and Lowman Ranch Ltd., a Texas limited partnership (together, "LRL"), who together are the holders of legal ti tIe to a maj ori ty in value of the land compri sing the proposed Lowman Ranch Municipal Utility District (the "District"), which is more particularly described in Exhib- it "A", attached hereto and incorporated herein by refer- ence, consisting of approximately 919.69 acres situated wholly in Hays County, Texas, all of which lies within the extraterri torial jurisdiction of the Ci ty. For and in consideration of the mutual agreements, covenants, and condi tions in thi s Agreement the parties hereto contract and agree as follows: ARTICLE ONE COMPLIANCE WITH CITY UTILITY DISTRICT ORDINANCE Section 1.01. General Statement. Except as otherwise provided herein, the consent to the creation of the District hereby granted by the City is subject to, and the creation and operation of the District shall be in accordance with, the Utility District Ordinance, Ordinance No. 1986-85, adopted by the City Council of the City of San Marcos (the "City Council") as amended on February 9, 1987, a true and correct copy of which is attached hereto as Exhibit "B" and incorporated herein by reference (the "Utility District Ordinance") . The terms and conditions of the Uti li ty District Ordinance are made a part of this Agreement for all purposes to the extent permi t,ted by law.