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103. RESOLUTION NO. 2003- 42 R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN ASSIGNMENT OF WATER RIGHT FROM THE CITY TO THE SOUTH HAYS COUNTY EMERGENCY SERVICES DISTRICT NO.3; AUTHORIZING THE CITY MANAGER TO EXECUTE THE ASSIGNMENT ON BEHALF OF THE CITY; AND DECLARING AN EFFECTIVE DATE. RECITALS: 1. The South Hays COlmty Emergency Services District No. 3 (the "District") recently approached the City about acquiring one acre-foot per year of Edwards Aquifer water rights in connection with the proposed construction of a new fire station by the District on Hilliard Road. The District is proposing to drill a well at the site, and found out that it needed a permit ITom the Edwards Aquifer Authority for the well construction, and it needed to acquire a water right from an existing permit holder. 2. Rather than paying the City for outright purchase of the water right, tlle District proposed to have the City assign the right to the District, with the proviso that the right would revert to the City if tl1e District did not use the right at that site for its official purposes. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: P ART 1. The attached revised Assiglllilent of Water Right between tlle City of San Marcos and the District is approved. PART 2. The City Manager, Dan O'Leary, is authorized to execute and deliver the Assignment on behalf of tlle City at tlle time of the closing of the District's purchase of tlle new fire station site. PART 3. This Resolution is in full force and effect immediately ITom and after its adoption. ADOPTED on February 24, 2003. ~ß-~ ~t.st: ~; r /'( /; 11 ~. ,. ð7),í1'A,j 4') I/~ /1\ V. U Wvvuv. Janis K. Woma ( City Clerk Robert B. Habingreither Mayor C:\TEMP\EAA permit assignment-Sollth Hays FO.doc