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RESOLUTION 2014 -143R <br />A RESOLUTION OF THE CITY OF SAN MARCOS, TEXAS, MAKING <br />FINDINGS AS TO THE ADVISABILITY OF THE IMPROVEMENTS <br />PROPOSED IN THE WHISPER PUBLIC IMPROVEMENT DISTRICT IN <br />ACCORDANCE WITH CHAPTER 372 OF THE TEXAS LOCAL <br />GOVERNMENT CODE. <br />WHEREAS, the City of San Marcos, Texas (the "City"), is authorized under Chapter <br />372 of the Texas Local Government Code, as amended (the "Act "), to create a public <br />improvement district; <br />WHEREAS, on September 25, 2014, Yarrington Partners, Ltd. ( "Yarrington "), and the <br />State of Texas, acting through the General Land Office ( "GLO ") (collectively, the "Owner "), <br />submitted and filed with the City Clerk of the City a petition ( "Petition ") requesting the <br />establishment of a public improvement district to be known as the Whisper Public Improvement <br />District ( "District "); <br />WHEREAS, the Petition indicated that (i) the owners of more than 50% of the appraised <br />value of the taxable real property liable for assessment and (ii) the owners of more than 50% of <br />the area of all taxable real property liable for assessment within the District executed the Petition <br />requesting that the governing body of the City (the "City Council ") create the District; <br />WHEREAS, the City Council has investigated and determined that the facts contained in <br />the Petition are true and correct; <br />WHEREAS, the District will include the approximately 705.853 acres owned by the <br />Owner and located within the City and the City's extraterritorial jurisdiction (the "Property "), <br />which Property is more particularly described and depicted on "Exhibit A" attached hereto and <br />made a part hereof, <br />WHEREAS, after providing all notices required by Section 372.009 of the Act, the City <br />Council on October 6, 2014 conducted a public hearing on the advisability of the proposed <br />improvements; and <br />WHEREAS, the City Council adjourned and closed such public hearing. <br />NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE <br />CITY OF SAN MARCOS, TEXAS, THAT: <br />Section 1. The findings set forth in the recitals of this Resolution are hereby found to be true <br />and correct. <br />Section 2. The Petition submitted to the City by the Owner was filed with the City Clerk of <br />the City and complies with Subchapter A of the Act. <br />