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<br />RESOLUTION NO. 2006- 143 R
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<br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
<br />SAN MARCOS, TEXAS AUTHORIZING AND APPROVING
<br />THE CREATION OF THE HAYS CALDWELL PUBLIC
<br />UTILITY AGENCY TO ACT ON BEHALF OF THE CITY OF
<br />SAN MARCOS, THE CITY OF LOCKHART, THE CITY OF
<br />KYLE, AND THE CANYON REGIONAL WATER
<br />AUTHORITY; AND OTHER MATTERS IN CONNECTION
<br />THEREWITH
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<br />WHEREAS, Texas Local Government Code Chapter 422, as amended (the "PUA
<br />Act"), authorizes public entities to create a public utility agency to plan, finance,
<br />construct, own, operate, or maintain facilities necessary for the conservation, storage,
<br />transportation, treatment, or distribution of water and wastewater, including a plant site,
<br />right-of-way, and property, equipment, or right of any kind useful in connection with the
<br />conservation, storage, transportation, treatment, or distribution of water and wastewater;
<br />and
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<br />WHEREAS, under Section 422.054 of the PUA Act, each of the public entities
<br />electing to participate in the creation of a public utility agency must publish a notice of its
<br />intention to create the public utility agency prior to the adoption of a resolution approving
<br />the creation of the public utility agency; and
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<br />WHEREAS, the City, the City of Lockhart, Texas, the City of Kyle, Texas, and
<br />the Canyon Regional Water Authority (collectively, the "Participating Public Entities")
<br />each have the authority to engage in the conservation, storage, transportation, treatment,
<br />or distribution of water; and
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<br />WHEREAS, the Participating Public Entities have determined that forming a
<br />public utility agency for the joint financing, acquisition, construction, ownership,
<br />operation, and maintenance of a project to secure rights to water and to produce,
<br />transport, treat and distribute water (the "Project") will achieve economies of scale in
<br />providing essential utility services to the public, will promote the orderly economic
<br />development of the State of Texas (the "State"), and will provide environmentally sound
<br />protection of the State's future water needs; and
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<br />WHEREAS, the City of San Marcos, Texas (the "City") is a public entity as
<br />defined in Section 422.001(3) of the PUA Act, and the City Council of the City (the
<br />"Council") has directed the publication of the notice of intention attached hereto as
<br />Exhibit A once a week for two consecutive weeks, with the first publication at least 14
<br />days before the date of the adoption of this resolution; and these notices were duly
<br />published; and the City has not received a petition under Texas Local Government Code
<br />Section 422.056, as amended, prior to the adoption of this Resolution; and
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