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48. RESOLUTION NO. 2001 - 101 R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, APPROVING THE PURCHASE OF A WATER RIGHT BY THE CITY FROM WILLIAM J. WOOTEN AND LOU ELLEN B. WOOTEN; AUTHORIZING THE CITY MANAGER TO SUBMIT PERMIT TRANSFER AND AMENDMENT REQUESTS TO THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION; AND DECLARING AN EFFECTIVE DATE. RECITALS: 1. The City Manager executed an agreement effective February 8, 2001 (the "Agreement") with William J. Wooten and Lou Ellen B. Wooten (the "Wootens") for the acquisition of State Water Right Permit No. 50nA, as amended (the "Water Right"), for $75,000, subject to an analysis of the availability of the Water Right upon transfer of its current diversion point north of Fentress to the City's proposed diversion point at Westerfield Crossing. 2. The availability analysis has been completed, and it shows a minimal change to the availability of the Water Right based on the proposed change in diversion point, and the City staff recommends that the City proceed with the purchase ofthe Water Right from the Wootens. 3. The City is required under State law to register the transfer of the Water Right with the Texas Natural Resource Conservation Commission ("TNRCC"), and to secure a permit amendment from the TNRCC for a change in the diversion point for the Water Right. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: PART 1. The City's purchase of the Water Right from the Wootens for $75,000 is approved. PART 2. The City Manager, Larry D. Gilley, is authorized to execute appropriate documents regarding this purchase on behalf ofthe City. PART 3. The City Manager, Larry D. Gilley, or his designated representative, is authorized to submit applications to the TNRCC for transfer and amendment ofthe Water Right. PART 3. This Resolution shall be in full force and effect immediately from and after its passage. ADOPTED on June 11, 2001. I'/~< David Chiu Mayor