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Res 2007-161
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Res 2007-161
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Last modified
2/25/2008 2:50:58 PM
Creation date
9/5/2007 4:29:39 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2007-161
Date
9/4/2007
Volume Book
173
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<br />RESOLUTION NO. 2007- 161 R <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br />SAN MARCOS, TEXAS. APPROVING AN AMENDED AND <br />RESTATED WATER UTILITY AGREEMENT WITH CARMA <br />BLANCO VISTA, L TO; AUTHORIZING THE CITY <br />MANAGER TO EXECUTE THE AGREEMENT; AND <br />DECLARING AN EFFECTIVE DATE. <br /> <br />RECITALS: <br /> <br />1. In 2003, Carma Blanco Vista, L TO (the "Developer") and the City entered into <br />a water utility agreement concerning the extension of a water transmission main along <br />Post Road. The purpose of this extension is to serve the new Carma Blanco Vista <br />subdivision, to provide a looped system interconnection with a supply line that runs <br />along 1-35. <br /> <br />2. In the original agreement it was presumed that the Developer would complete <br />the construction of a 16 inch line by July 31,2007; however, the subdivision and <br />surrounding property has not developed as quickly as expected. Further, the City has <br />determined that it would be in its best interest to oversize the transmission main to 24 <br />inches. <br /> <br />3. As a result of the delay in development and the City's need to oversize the <br />line, the Parties have agreed to amend the original utility agreement to provide for the <br />oversized line, provide language on how the developer can use the City's right of way <br />agent to assist in the project, tie the need to start the water line project to a set number <br />of the developers service units (as opposed to a date), and to provide that the City will <br />be the project manager for the construction of the line. <br /> <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: <br /> <br />PART 1. The attached agreement, between the City of San Marcos, Texas and <br />Carma Blanco Vista, Ltd. is approved. <br /> <br />PART 2. The City Manager, Dan O'Leary, is authorized to execute an <br />agreement in substantially the same form as the attached agreement on behalf of the <br />City. <br /> <br />PART 3. This Resolution is in full force and effect from and immediately after its <br />enactment. <br />
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