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<br />RESOLUTION NO. 2007- 2
<br />
<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 BUDA, THE CITY OF KYLE,
<br />AND THE CANYON REGIONAL WATER AUTHORITY; AND
<br />OTHER MATTERS IN CONNECTION THEREWITH
<br />
<br />WHEREAS, Texas Local Government Code Chapter 422, as amended (the "PDA
<br />Act"), authorizes public entities to create a public utility agency to plan, finance, acquire,
<br />construct, own, operate, or maintain facilities necessary for the conservation, storage,
<br />transportation, treatment, or distribution of water and the collection, transportation,
<br />treatment, or disposal of wastewater, including a plant site, right-of-way, and property,
<br />equipment, or right of any kind useful in connection with the conservation, storage,
<br />transportation, treatment, or distribution of water and the collection, transportation,
<br />treatment, or disposal of wastewater; and
<br />
<br />WHEREAS, under Section 422.054 of the PDA 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
<br />
<br />WHEREAS, the City of San Marcos, Texas, the City of Buda, Texas, the City of
<br />Kyle, Texas, and the Canyon Regional Water Authority (collectively, the "Participating
<br />Public Entities") each have the authority to plan, finance, acquire, construct, own,
<br />operate, or maintain facilities necessary for the conservation, storage, transportation,
<br />treatment, or distribution of water and the collection, transportation, treatment, or
<br />disposal of wastewater, including a plant site, right-of-way, and property, equipment, or
<br />right of any kind useful in connection with the conservation, storage, transportation,
<br />treatment, or distribution of water and the collection, transportation, treatment, or
<br />disposal of wastewater; and
<br />
<br />WHEREAS, the Participating Public Entities have determined that forming a
<br />public utility agency to jointly finance, plan, acquire, construct, own, operate, or maintain
<br />facilities necessary for the conservation, storage, transportation, treatment, or distribution
<br />of water and the collection, transportation, treatment, or disposal of wastewater, including
<br />a plant site, right-of-way, and property, equipment, or right of any kind useful in
<br />connection with the conservation, storage, transportation, treatment, or distribution of
<br />water and the collection, transportation, treatment, or disposal of wastewater (the
<br />"Project") will achieve economies of scale in providing essential water and wastewater
<br />services to the public, will promote the orderly economic development of the State of
<br />Texas (the "State"), and will provide environmentally sound protection of the State's
<br />future water needs; and
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