Res 2021-091/authorizing and creating Whisper South Public Improvements District

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RESOLUTION NO. 2021-91R A RESOLUTION OF THE CITY OF SAN MARCOS, TEXAS, AUTHORIZING AND CREATING WHISPER SOUTH PUBLIC IMPROVEMENT DISTRICT IN ACCORDANCE WITH CHAPTER 372 OF THE TEXAS LOCAL GOVERNMENT CODE. WHEREAS, the City of San Marcos, Texas (the "City"), is authorized under Chapter 372 of the Texas Local Government Code, as amended (the "Act"), to create a public improvement district; WHEREAS, on April 13 , 2021, HAMS HILL RESIDENTIAL LAND HOLDINGS, LTD., a Texas limited partnership, and HARRIS HILL COMMERCIAL LAND HOLDINGS, LTD., a Texas limited partnership (collectively, the "Owner"), submitted and filed with the City Secretary of the City a petition ("Petition") requesting the establishment of a public improvement district to be known as the Whisper South Public Improvement District ("District"); WHEREAS, the Petition indicated that (i) the owners of more than 50% of the appraised value of the taxable real property liable for assessment and (ii) the owners of more than 50% of the area of all taxable real property liable for assessment within the District executed the Petition requesting that the governing body of the City (the "City Council") create the District; WHEREAS, the City Council has investigated and determined that the facts contained in the Petition are true and correct; WHEREAS, the District will include the approximately 595.94 acres owned by the Owner and located within the City and the City's extraterritorial jurisdiction (the "Property"), which Property is more particularly described and depicted on Exhibit "A" attached hereto and made a part hereof; WHEREAS, after providing all notices required by Section 372.009 of the Act, the City Council on May 4 , 2021, conducted a public hearing on the advisability of the proposed improvements; WHEREAS, the City Council adjourned and closed such public hearing; and WHEREAS, on May 4 , 2021, the City Council passed and approved Resolution No. 2021-87R making findings as to the advisability of the improvements proposed in the District, in accordance with Section 372.009 of the Act. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, THAT: Section 1. The findings set forth in the recitals of this Resolution are hereby found to be true and correct.