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<br />51. <br /> <br />RESOLUTION NO. 2003- 137R <br /> <br />- <br /> <br />A RESOLUTION OF TI-IE CITY COUNCIL OF THE CITY OF SAN <br />MARCOS, TEXAS, APPROVING THE TERMS AND CONDITIONS OF <br />A WATER UTILITY IMPROVEMENT AGREEMENT BETWEEN THE <br />CITY, BENNETI REALTY GROUP, AND DAM BLANCO <br />PARTNERSHIP FOR THE IH-35 WATER FACILITIES PROJECT; <br />APPROVING THE TERMS AND CONDITIONS OF A W ATÈR UTILITY <br />IMPROVEMENT AGREEMENT BETWEEN THE CITY AND AGUA <br />T1ERRA HOLDINGS, L YD. FOR THE POST ROAD WATER FACILITIES <br />PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE <br />AGREEMENTS; AND DECLARING AN EFFECTNE DATE. <br /> <br />RECITALS: <br /> <br />1. On December 9, 2002, the City Council approved a Wastewater Utility Improvement <br />Agreement (the "Wastewater Agreement") between the City, Bennett Realty Group ("Bennett"), <br />Dam Blanco Partnership ("Blanco"), and other parties to jointly participate in funding the costs of <br />the North IH-35 Wastewater Improvements Project along IH-35 North of the Blanco River. <br /> <br />2. In connection with the Wastewater Agreement, the City Council on June 9, 2003 approved a <br />similar agreement with Bennett and Blanco for the North IH-35 Water Improvement Project to serve <br />properties owned by Belmett and Blanco. <br /> <br />3. Bennett and Blanco have requested that the agreement for water improvements be separated <br />into two agreements, one for the IH-35 Water Facilities Project and the other for the Post Road <br />Water Facilities Project, since they involve different parties and different methods for financing the <br />improvements. <br /> <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: <br /> <br />PART 1. The attached Water Utility Improvement Agreement for the IH-35 Water Facilities <br />Project is approved. <br /> <br />PART 2. The attached Water Utility Improvement Agreement for the Post Road Water <br />Facilities Project is approved. <br /> <br />PART 3. The City Manager, Dan O'Leary, is authorized to execute these agreements on <br />behalf of the City after execution of the abTfeement by the other parties. <br /> <br />PART 4. This Resolution supersedes the resolution adopted by the City Council on June 9, <br />2003 approving an agreement with Bennett and Blanco for the North IH-35 Water Improvement <br />Project. <br />