Res 2019-032/consenting to and supporting the conversion of Maxwell Water Supply Corporation to a Special Utility District Operating under Chapter 65, Texas Water Code

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RESOLUTION 2019-32R RESOLUTION OF THE CITY OF SAN MARCOS, TEXAS, CONSENTING TO AND SUPPORTING THE CONVERSION OF MAXWELL WATER SUPPLY CORPORATION TO A SPECIAL UTILITY DISTRICT OPERATING UNDER CHAPTER 65, TEXAS WATER CODE; MAKING FINDINGS OF FACT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of San Marcos ("City") finds that Maxwell Water Supply Corporation ("Corporation") is a Texas non-profit, member-owned water supply corporation operating under Chapter 67 of the Texas Water Code, as amended; and WHEREAS, the Corporation was created, organized and exists for the purpose of furnishing water and wastewater utility facilities and service to areas within its certificated service areas; and WHEREAS, the Corporation's service area extends into portions of the City's extraterritorial jurisdiction; and WHEREAS, on December 13, 2018, the Corporation's membership voted in favor of converting the Corporation into a special utility district operating under Chapter 65 of the Texas Water Code due to the benefits and advantages a special utility district will provide the customers and the land within the Corporation's service area; and WHEREAS, Section 65.016 of the Texas Water Code provides that a special utility district may operate within the extraterritorial jurisdiction of a city,and a city may consent thereto; and WHEREAS, Section 65.012 of the Texas Water Code authorizes special utility districts to: acquire and provide sources of water; build, operate, and maintain facilities for the transportation of water; to sell water to political subdivisions of this state,private business entities, and individuals; establish, operate, and maintain fire-fighting facilities to perform all fire-fighting activities within the district; and provide for the protection, preservation, and restoration of the purity and sanitary condition of water therein; and WHEREAS, the City Council finds that the aforesaid services would benefit the health, safety and welfare of current and future inhabitants of the land and property to be included in the special utility district; and WHEREAS, upon conversion to a special utility district, the Corporation will change its name to"Maxwell Special Utility District;" and WHEREAS, although consent of the City is not required for the Corporation to convert to a special utility district, the City Council adopts this Resolution as an indication of consent and support for the Corporation;