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IIIH. -3\¿ l/v CI TV OF SAN MARCOS TO: FROM: ¡UBJECT: DATE: 5 OFFICE MEMORANDUM Mayor J.E. Younger and Members :)r ~.'1.1~ C:i.tv ('C'"".'.i.'iî':: t Lamar W 0 H¿:,li.kins City Attorlley Anaylsis of January 27, 1987, Versions of the Consent and Development Agreements with the proposed Lowman Ranch Municipal Utility District RE. January 30,1987 . CONSENT AGREEMENT (JANUARY 27, 1987) There are both minor and significant issues with the new proposed consent agreement which should be addressed by the Council in its next meeting. Among the minor issues are the following: 1. Section 3.04 needs some rewriting as per the City Manager's concerns about specifying the number of wells to be developed. 2. Section 3.07--In this section is a listing of those entities that have approval authority over construction plans and specifications. This listing of agencies, beginning with the City, was modified in such a way as to provide that the approval mayor may not be required. The staff believes that it is essential that the City's approval must be required for such constructions plans and specifications. I do not anticipate that LRL will have any problem acceding to this request. 3. Section 3.08{b)--The City's request that provisions be made to assure that each party has sufficient funds on hand to meet its obligations before a project contract is awarded was not included in the redraft. However, a new subsection (c) was added that L.R.L may believe satisfies the City Manager's concerns. This item needs to be clarified. 4. Article 8 did not include the specific requirement that City approval for an assignment must be given before the assignment can be made. Such a change was omitted from the redraft.