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<br />RESOLUTION NO. 2007- 211 R <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br />SAN MARCOS, TEXAS MAKING APPOINTMENTS TO THE <br />BOARD OF DIRECTORS OF THE HAYS CALDWELL <br />PUBLIC UTILITY AGENCY; AND DECLARING AN <br />EFFECTIVE DATE <br /> <br />RECITALS: <br /> <br />1. The governing bodies of the City, the City of Buda, the City of Kyle, and the <br />Canyon Regional Water Authority have adopted resolutions (the "Concurrent <br />Resolutions") approving the creation of the Hays Caldwell Public Utility Agency (the <br />"Agency") under Texas Local Government Code Chapter 422, as amended (the "PUA <br />Act"). <br />2. The Concurrent Resolutions provide for the Agency to be governed by a Board <br />of Directors (the "Agency Board") to which the City is entitled to appoint five members. <br /> <br />3. In October 2006, the City Council appointed five persons to the Agency <br />Board, as it existed at that time. <br /> <br />4. The City Council adopted Resolution No. 2007-3 on January 8, 2007 which <br />reappointed Mayor Susan Narvaiz, Dan O'Leary, Tom Taggart, Laurie Anderson, and <br />Rosie Vela as initial Directors of the Agency Board to serve a term beginning on January <br />1, 2007 and ending on September 30, 2007. This resolution also stated that the terms of <br />office of persons subsequently appointed by the City to the Agency Board would be three <br />years. <br /> <br />5. The City Council adopted Resolution No. 2007-41R on March 6, 2007 which <br />approved bylaws for the Agency (the "Agency Bylaws"). Under the Agency Bylaws, <br />each "initial Director shall serve... until his or her successor is appointed by a Sponsor". <br />The Agency Bylaws also provide that terms of office of members of the Agency Board <br />appointed subsequent to the initial directors shall be "at least two (2) years," and the <br />Agency's bond attorneys have recommended that the terms of office of members of the <br />Agency Board be two years. The Agency Bylaws also provide that the City's appointees <br />to the Agency Board will serve staggered terms. <br /> <br />6. Dan 0 'Leary has resigned from the Agency Board, and the terms of the <br />remaining initial directors appointed by the City have expired (subject to holdover under <br />the Agency Bylaws). <br /> <br />7. The City Council wishes to make appointments to the Agency Board to serve <br />staggered terms, and the City Council wishes to clarify that, subject to the initial <br />