Res 2007-002 - Laserfiche WebLink

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WHEREAS, the City of San Marcos, Texas (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") has previously directed the publication of the notice of intention once a week for two consecutive weeks, with the first publication at least 14 days before the date of the adoption of this resolution; and these notices were duly published; and the City has not received a petition under Texas Local Government Code Section 422.056, as amended, prior to the adoption of this Resolution; and WHEREAS, this Resolution is adopted as a "concurrent ordinance" pursuant to Section 422.055 of the PUA Act; and WHEREAS, the Council hereby finds and determines the adoption of this resolution is in the best interests of the citizens of the City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: Section 1. Name and Boundaries of the Public Utility Agency. The Council hereby approves the creation of the Hays Caldwell Public Utility Agency (the "Agency"). The boundaries of the Agency include the territory within the boundaries of each of the Participating Public Entities as these boundaries exist on the date hereof and as these boundaries may change from time to time. Section 2. Board of Directors; Bylaws. (a) The Board of Directors (the "Board") of the Agency shall consist of 13 members, with each of the Participating Public Entities appointing at least one member of the Board. The members shall be appointed by the Participating Public Entities pursuant to the terms of the bylaws of the Agency, with the City of San Marcos, Texas appointing 5 members, Canyon Regional Water Authority appointing 4 members, the City of Kyle, Texas appointing 3 members, and the City of Buda, Texas appointing 1 member, subject to any future change in the bylaws as approved by each of the Participating Public Entities. The appointment of the initial directors shall be reflected in the minutes of the Participating Public Entity's resolution authorizing the creation of the Agency. (b) The initial term of the directors appointed by the Council shall be 2 directors from October 1, 2006 through September 30, 2007 and 3 directors from October 1, 2006 through September 30, 2008. Subsequent terms of the directors shall be for at least two years. The bylaws of the Agency may provide for staggered terms of office for the directors. (c) Each of the Participating Public Entities shall appoint its director(s) to the Board by adoption of a resolution by its governing body or as reflected in the minutes of the meeting on the date thereof. A Participating Public Entity may remove and replace a director appointed by that Participating Public Entity at any time, with or without cause, by a resolution of its governing body. 2