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WHEREAS, the City Council further finds that there were no written objections or <br /> evidence submitted to the City Clerk in opposition to the Service and Assessment Plan,the Actual <br /> Costs of the Authorized Improvements as described in the Service and Assessment Plan, the <br /> Assessment Rolls, and the levy of the Assessments; and <br /> WHEREAS,in connection with the levy of the Assessments,concurrently herewith,certain <br /> owners (the "Landowners")of the privately-owned and taxable property located within the District <br /> will execute a landowner agreement, wherein the Landowners, among other things, approves and <br /> accepts this Ordinance and the Service and Assessment Plan, including the Assessment Rolls, <br /> consents to and accepts the levy of the Assessments against their property located within the <br /> District and agrees to pay the Assessments; and <br /> WHEREAS,the City Council closed the hearing on August 18,2026,and,after considering <br /> all written and documentary evidence presented at the hearing,including all written comments and <br /> statements filed with the City, determined to proceed with the adoption of this Ordinance in <br /> conformity with the requirements of the Act; and <br /> WHEREAS, the meeting at which this Ordinance is considered is open to the public as <br /> required by law, and the public notice of the time,place and purpose of said meeting was given as <br /> required by Chapter 551, Texas Govermnent Code, as amended. <br /> NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, OF THE CITY OF <br /> SAN MARCOS, TEXAS: <br /> Section 1. All matters stated in the preamble of this Ordinance are found to be true and <br /> correct and are incorporated into the body of this Ordinance as if copied in their entirety. <br /> Section 2. The Service and Assessment Plan, attached hereto as Exhibit A has been <br /> presented to and reviewed by the City Council and the City Council hereby approves the Service <br /> and Assessment Plan and adopts the Service and Assessment Plan as the service plan and <br /> assessment plan for the District. All capitalized terms not otherwise defined herein shall have the <br /> meanings given to such terms in the Service and Assessment Plan. <br /> Section 3. The Authorized Improvements described in the preamble hereof include the <br /> improvements described in Section III.A. of the Service and Assessment Plan that will benefit and <br /> serve all of the property within the District (the "Major bnprovements"), the improvements <br /> described in Section III.B. of the Service and Assessment Plan that will benefit and serve all of the <br /> property within Improvement Area#1 of the District, as described in the Service and Assessment <br /> Plan (the 'Improvement Area #1 Improvements"), and the bond issuance costs and other costs <br /> described in Sections III.0 and III.D, respectively, of the Service and Assessment Plan. <br /> Section 4. The City Council hereby finds and determines upon the evidence presented <br /> in reference to the property located within the District that: (i)the enhancement and value to accrue <br /> to the District and the real and true owner or owners thereof by virtue of construction of the <br /> Authorized Improvements will be equal to or in excess of the amount of the cost of the proposed <br /> Authorized Improvements;(ii)that the apportionment of the costs of the Authorized Improvements <br />