Res 2005-125 - Laserfiche WebLink

Home Browse Search

40. RESOLUTION NO. 2005- .J...2..L R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, APPROVING A CAPITAL IMPROVEMENT AGREEMENT BETWEEN THE CITY AND THE FIRST BAPTIST CHURCH OF SAN MARCOS RELATED TO THE FIRST BAPTIST CHURCH SUBDNISION LOCATED AT THE INTERSECTON OF HUNTER ROAD AND McCARTY LANE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY; APPROVING A UTILITY EXTENSION PETITION RELATED TO THIS PROPOSED DEVELOPMENT; AND DECLARING AN EFFECTIVE DATE. RECITALS: 1. The Public Facilities Standards Chapter (Chapter 7) of the San Marcos Land Development Code (LDC) provides for the installation of public improvements associated with new developments. LDC Section 7.7.1.14 provides for the City to bear a portion of the cost of public improvements through a capital improvement agreement. 2. The City desires to execute an agreement with the First Baptist Church of San Marcos (the "Property Owner") for sharing the cost of water line improvements (the "Improvements") in connection with the platting of the 76.06 acre, more or less, tract of property described on the attached Exhibit A (the "Property") as the First Baptist Church Subdivision (the "Subdivision"). 3. City Code Section 86.003(c) requires City Council approval for the extension of City water or wastewater mains to serve uses outside the City limits. 4. The Property Owner has submitted a utility extension petition under Section 1.4.3.3 of the City Land Development Code to extend City water and wastewater mains to serve the Property, which is outside the city limits, and in connection with the petition has submitted a request for annexation of the Property. 5. The water and wastewater main extensions to serve the Property appear to be feasible, and the Property is located in the City's certificated water service area. 6. The City staff has identified conditions that need to be fulfilled or complied with in connection with the utility extension petition, as described in Part 1 below, and the City Council wishes to associate these conditions with the approval of the utility extension request. BE IT RESOLVED BY THE CITY COUNCll, OF THE CITY OF SAN MARCOS, TEXAS: PART 1. The terms and conditions of the attached Capital Improvement Agreement between the City and the Property Owner related to the construction of the Improvements are approved, and the City Manager, Dan O'Leary, is authorized to execute the agreement on behalf of the City.