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23. RESOLUTION NO. 2004- 108 R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS APPROVING AN EXTENSION OF THE CITY WATER AND WASTEWATER MAINS TO SERVE THE PROPOSED BLANCO RIVER VILLAGE DEVELOPMENT AT THE INTERSECTION OF STATE HIGHWAY 21 AND ST ATE HIGHWAY 80; AND DECLARING AN EFFECTIVE DATE. RECITALS: 1. City Code Section 86.003(c) requires City Council approval for the extension of City water or wastewater mains to serve uses outside the City limits. 2. Etheredge Development San Marcos (the "Applicant") has requested permission to extend City water and wastewater mains to serve a 102 acre, more or less, tract of property described on the attached Exhibit A (the "Property") which is outside the city limits, to be developed as the Blanco River Village Development. 3. These main extensions appear to be feasible, and the Property is 10cated in the City's certificated water service area. 4. The City staff has identified conditions that need to be fulfilled or complied with in connection with this request, as described in Part 1 below, and the City Council wishes to associate these conditions with the approval of the Applicant's request. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: PART 1. The Applicant's request for extension of the City's water and wastewater system mains to serve the Property is approved, subject to the following conditions: A. The extensions and all associated equipment, facilities and appurtenances will be constructed at the sole expense ofthe Applicant (subject to the City's poJicies on oversizing). B. The applicant must submit, in addition to the Applicant's own request for annexation of the Property, a written request for annexation of a strip of property at least 15 feet in width from each property owner (including, for public right-of-way, a request for annexation from the entity having jurisdiction over the right-of-way) along the intended route of the utiJity lines. C. The Applicant must demonstrate, through engineering information submitted to and approved by the Director of the Water and Wastewater Department, that adequate water supply and water line capacity is available in connection with the development of the