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<br />RESOLUTION 2007- 43R
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<br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
<br />SAN MARCOS, TEXAS APPROVING THE BYLAWS OF THE
<br />HAYS CALDWELL PUBLIC UTILITY AGENCY
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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, 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
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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 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 previously directed the publication of the notice of intention
<br />once a week for two consecutive weeks, with the first publication at least 14 days before
<br />the date of the adoption of the creation resolution; and these notices were duly published;
<br />and the City of San Marcos, Texas has not received a petition under Texas Local
<br />Government Code Section 422.056, as amended, prior to the adoption of the creation
<br />resolution authorizing the creation of the Hays Caldwell Public Utility Agency (the
<br />"Agency"); and
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<br />WHEREAS, each of the Participating Public Entities have adopted a creation
<br />resolution as a "concurrent ordinance" pursuant to Section 422.055 of the PUA Act; and
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<br />WHEREAS, the Participating Public Entities must approve the Bylaws of the
<br />Agency; and
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<br />WHEREAS, the City Council (the "Council") of the City of San Marcos, Texas
<br />hereby finds and determines the adoption of this resolution is in the best interests of the
<br />citizens of the City; NOW, THEREFORE,
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<br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN
<br />MARCOS, TEXAS:
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<br />Section 1. Approval of the Bylaws. The Council hereby approves the Bylaws of
<br />the Hays Caldwell Public Utility Agency (the "Agency") attached hereto as Exhibit A.
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<br />Section 2. Inconsistent Provisions. All ordinances and resolutions, or parts
<br />thereof, which are in conflict or inconsistent with any provision of this Resolution are
<br />45881380.1
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