01261987 Regular Meeting - Laserfiche WebLink

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58 Regular Meeting January 26, 1987 Page 3 AYE: Brown, Coddington, Farr, Younger, Kissler, Nicola. NAY: Guerra. ABSTAIN: None. Mayor Younger introduced a public hearing and approval of an Ordinance on first reading, the caption which was read as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, GRANTING THE CONSENT OF THE CITY OF SAN MARCOS TO THE CREATION OF A MUNICIPAL UTILITY DIS- TRICT: LOWMAN RANCH MUNICIPAL UTILITY DISTRICT, SUB- JECT TO VARIOUS TERMS AND CONDITIONS SET FORTH IN A SEPARATE AGREEMENT CONCERNING THE CREATION AND OPERA- TION OF SAID DISTRICT (CONSENT AGREEMENT) WHICH IS MADE A PART OF THIS ORDINANCE, AUTHORIZING THE MAYOR TO EXE- CUTE SAID AGREEMENT, AND DECLARING AN EFFECTIVE DATE. Mayor Younger opened the public hearing and asked if anyone wished to speak in favor of the Ordinance. Patsy Greiner passed out to the Council Exhibits A, B, C, D and F and stated E is not drafted yet but will say LRL agrees with the City's Phases 1 and 2 and they will adopt Phases 3 and 4 of the City's Water Conservation Plan. She stated the District will activate water conservation methods, such as xeriscaping. Ms. Richardson stated LRL wants to be able to finance through bonds any drainage that will be permitted and they want arbi- tration rights regarding compliance with the City's Ordinances, and that they do not want the Council's approval to stop the District from proceeding. Mr. Hankins stated the Staff is seeking an agreement regard- ing review time, to which Ms. Richardson responded they would be happy to send the application to the City at the same time it is submitted to the Water Board. Ms. Ricahrdson stated they will rewrite Section 5.01 (Annexation by the City) to be 20 years or 100% interhals and 100% their share of regional (utility construction). Mayor Younger expressed concern in Section 3.03 (Water Transport Permit) regarding LRL's naming the hydrologist the City will retain and stated he wants it open rather than a company to be named. Ms. Richardson stated R. W. Harden & Associates, Inc. is a well known groundwater hydrologist firm, and that LRL wants approval of the person to be used. Mr. Guerra stated he would like Section 3.03 (Water Transport Permit) to be revised to state the City will attempt to obtain the permit and the City will retain a water hydrologist rather than specifically naming a company the City must use. Mayor Younger expressed concern regarding the wording in Section 3.08(b) regarding the Project Manager, to which Mr. Gonzalez stated we want more control. Ms. Richardson stated this portion could be worked out. Mr. Nicola was not satisfied with the language of Section 3.01 (General Statement) regarding the regional facilities, as noted in Mr. Hankins' memorandum (attached to these minutes). Mayor Younger stated Section 3.12 (Water and Wastewater Rates and Billing) wherein LRL's rates are the same as in-city rates is too restrictive. Mr. Hankins stated a possible revision could differentiate the source of water rGther than in and out of city customers. Mr. Gonzalez stated the City would be providing the whole system to this area, which would make it possible for the City to charge LRL in-city rates, as the cost would be spread throughout the system. Mr. Nicola asked for amendment to Section 1.04 (Intent of Agreement) to add suggested language from Mr. Hankins' memorandum in the last sentence of the Section, "The City agrees not to unnecessarily use its rights of review. . . ." Mr. Farr requested this be looked at before second reading. Mr. Nicola requested Section 4.01 (Park and