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I Resolution 2006 - 202 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS AUTHORIZING AND DIRECTING PUBLICATION OF NOTICE OF INTENT OF THE CITY (ALONG WITH THE CITY OF KYLE, THE CITY OF BUDA AND THE CANYON REGIONAL WATER AUTHORITY) TO CREATE THE HAYS CALDWELL PUBLIC UTILITY AGENCY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Texas Local Government Code Chapter 422, as amended (the "PUA Act"), authorizes public entities to create a public utility agency to plan, finance, construct, own, operate, or maintain facilities necessary for the conservation, storage, transportation, treatment, or distribution of water and wastewater, including a plant site, right-of-way, and property, equipment or right of any kind useful in connection with the conservation, storage, transportation, treatment, or distribution of water and wastewater; and WHEREAS, UNDER Section 422.054 of the PUA Act, each of the public entities electing to participate in the creation of a public utility agency must publish a notice of its intention to create the public utility agency prior to the adoption of a resolution approving the creation of the public utility agency; and I WHEREAS, the Participating Public Entities have determined that forming a public utility agency for the joint financing, acquisition, construction, ownership, operation, and maintenance of a project to secure rights to water and to produce, transport, treat, store and distribute water (the "Project") will achieve economies of scale in providing essential utility services to the public, will promote the orderly economic development of the State of Texas (the "State"), and will provide environmentally sound protection of the State's future water needs; and WHEREAS, the City is a public entity as defined in Section 422.001 (3) of the PUA Act, and the City Council of the City (the "Council") wishes to authorize and direct the publication of the notice of the City's intention to create the Hays Caldwell Public Utility Agency; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: Section 1. Form of Notice. Attached hereto as Exhibit 1 is a "Notice of Intention to Approve the Creation of the Hays Caldwell Public Utility Agency," the form and substance of which are hereby adopted and approved. I Section 2. Publication of Notice. The City staff is authorized and directed to publish the attached notice in substantially the form attached hereto in a newspaper of general circulation in a county in which the City is domiciled, once a week for two consecutive weeks, the date of the first publication thereof to be before the 14th day