Ord 2022-005/Granting the Consent of the city of San Marcos to the creation of Hays County Municipal Utility District No. 8 including approx 567.663 Acreas vicinity of old Bastrop Hwy. Between Redwood Rd and San Marcos River.

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hereby agrees to allow the extension, improvement of, and connection to City water facilities to provide water service to the District. At the time of execution of this Agreement, the City agrees that it has sufficient capacity to serve the District. Upon completion of each phase of the water facilities constructed by or on behalf of the District, to serve the District, the District shall convey such water facilities to the City for ownership, operation, and maintenance, which facilities shall become part of the City's water system in accordance with the Utility Agreement. Users within the District receiving water service from the City shall be customers of the City. Rates and charges for such customers shall be equal and uniform to those charged to other similar classifications of City users that are not located within the City . Section 3.02 Wastewater Service. The City shall provide wastewater service to the District. The City hereby agrees to allow the extension, improvement of, and connection to City wastewater facilities to provide service to the District. At the time of execution of this Agreement, the City agrees that it has sufficient capacity to serve the District. Upon completion of each phase of the related wastewater collection and transportation facilities constructed by or on behalf of the District, to serve the District, the District shall convey such wastewater facilities to the City for ownership, operation, and maintenance, which facilities shall become part of the City's wastewater system in accordance with the Utility Agreement. Users of wastewater service within the District will be customers of the City. Rates and charges for such customers shall be equal and uniform to those charged to other similar classifications of City users that are not located within the City. ARTICLE IV. AUTHORITY Section 4.01 Authority; Conflict. This Agreement is authorized and entered into under the statutory authority of Section 54.016 of the Texas Water Code, Section 212.172 of the Texas Local Government Code and Chapter 70 of the City Code. The requirements of Chapter 70 of the City Code, as modified by this Agreement, the Development Agreement, the Strategic Partnership Agreement, and/or the Utility Agreement, have been or will be satisfied. The Parties intend this Agreement to guarantee the continuation of the extraterritorial status of the Property, authorize certain land uses and development on the Property, provide for infrastructure for the Property, and provide other lawful terms and consideration. Except as expressly set forth in this Agreement, the Development Agreement, the Strategic Partnership Agreement, and the Utility Agreement, no additional documents, materials, information, payment of fees, or other actions shall be required to comply with Chapter 70 of the City Code. To the extent there is a conflict between this Agreement, the Development Agreement, the Strategic Partnership Agreement, or the Utility Agreement and Chapter 70 of the City Code, the terms of this Agreement, the Development Agreement, the Strategic Partnership Agreement, or the Utility Agreement, as applicable, shall control. Section 4.02 Vested Rights. Execution of this Agreement, under Section 212.172 of the Texas Local Government Code, constitutes a permit under Chapter 245 of the Local Government Code. ARTICLE V. ISSUANCE OF BONDS AND TAX RATE 3 964507_3