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I RESOLUTION 2007 - 42R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS APPROVING THE INTERLOCAL AGREEMENT TO PROVIDE WASTEWATER SERVICES TO A TRACT OF LAND IN THE CITY OF KYLE CCN; REPEALING AND SUPERSEDING PREVIOUS RESOLUTION, AND DECLARING AN EFFECTIVE DATE. RECITALS: 1. The City Council created Tax Increment Reinvestment Zone No Two in March of 2005 for the purpose of providing financing to reimburse a portion of the costs associated with the construction of a railroad overpass for Yarrington Road. 2. To secure the property owner's agreement for annexation and inclusion in the TIRZ No. Two of a tract of property necessary for the overpass, the City of San Marcos has agreed to provide wastewater service to said tract of property. 3. Providing wastewater service will require Q service connection to an existing wastewater main and has been approved by the City Manager pursuant to his authority under City Code of Ordinances Sec. 86.004(a). 4. The City Council approved Resolution 2006-189R on November 15, 2006 regarding this matter however it contained an incomplete legal description of the tract to be served. This resolution will repeal and supersede 2006-189R. I BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: PART 1. approved. The attached Interlocal Agreement to Provide Wastewater Services is PART 2. The City Manager, Dan O'Leary, is authorized to execute the Agreement on behalf of the City. PART 3. The approval granted in this resolution is effective only if the Agreement is executed by both parties within 90 days after the date of this resolution. PART 4. This resolution repeals and supersedes Resolution 2006-198R, approved November 15, 2006. PART 5. passage. That this Resolution shall be in full force and effect from and after its ADOPTED this 6th day of March,2007. ~~ Mayor I :test: ' . , _ .,' i / I . - ~ l. \... .' / / ~~...- ~,~.. 'She ey Goodwi.n Interim City Clerk ,l }"t / i