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<br /> 136 <br /> RESOLUTION 1998-~R <br /> A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN <br /> MARCOS, TEXAS, APPROVING A WAIVER OF THE <br /> REQUIREMENT FOR USE OF THE CITY WATER SYSTEM AS A <br /> PREREQUISITE TO USE OF THE CITY SEWER SYSTEM FOR <br /> THE SUN COMMUNITIES DEVELOPMENT OFF NORTH IH-35; <br /> APPROVING AN AGREEMENT TO POSTPONE ANNEXATION OF <br /> THE DEVELOPMENT; AND DECLARING AN EFFECTIVE DATE. <br /> RECITALS: <br /> 1. City Code Section 860003(d) provides that extensions of the City wastewater <br /> system will be made only if the customer is purchasing City water. <br /> 2. The Sun Communities Texas Limited Partnership (the "Developer") has <br /> requested a waiver of this requirement for a manufactured housing development (the <br /> "Development") on the 128 acre tract of property depicted on the attached map (the <br /> "Property"). <br /> 30 The City Council is willing to grant such a waiver on the basis that the <br /> Property is located within the water service area of another provider, Maxwell Water Supply <br /> Corporation, and the Developer will provide water supply improvements with capacity <br /> meeting City standards, including firefighting capacity, within the Development. <br /> 4. The Developer has requested that the City postpone annexing the Property <br /> until completion of the Developer's Phase 1 of the Development, and the City is willing to <br /> agree to this postponement if the Developer agrees to assure compliance with City permit <br /> and inspection requirements that would apply within the Development if it were annexedo <br /> BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: <br /> PART 1 . The request by the Developer for a waiver of the requirement of City <br /> Code Section 86.003(d) described above for the Development on the Property is approved. <br /> PART 2. The attached letter agreement regarding postponement of the <br /> annexation of the Development is approved, and the City Manager, Larry D. Gilley, is <br /> authorized to execute it. <br /> PART 3. This Resolution shall be in full force and effect from and after its <br /> passageo <br /> ADOPTED this 13th day of April, 19980 <br /> FJ~f. ~ <br /> Billy G. Moore <br /> Mayor <br /> Attest: <br /> 1fMJtJ(. WþA~AtL-'/ <br /> J nis K. Womack <br /> City Secretary <br />