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22. RESOLUTION 1998- 92R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, APPROVING AN EXTENSION OF THE CITY'S WATER SYSTEM OUTSIDE THE CITY LIMITS FORA PORTION OF THE PROPOSED LAURAL ESTATES DEVELOPMENT OFF IH-35 NORTH; A WAIVER OF THE REQUIREMENT FOR USE OF THE CITY WATER SYSTEM AS A PREREQUISITE TO USE OF THE CITY SEWER SYSTEM FOR A PORTION OF THIS DEVELOPMENT; APPROVING AN EXTENSION OF THE CITY'S WASTEWATER SYSTEM TO SERVE THIS DEVELOPMENT; AND DECLARING AN EFFECTIVE DATE. RECITALS: 1. City Code Section 86.003(c) provides for City Council approval on a case-by- case basis for all water and wastewater extensions to serve uses located outside the city limits, and the Benderson Development Company (the "Developer") has requested approval for such extensions to serve its proposed Laural Estates development (the "Development"), a 201.493 acre manufactured housing/industrial development depicted on the attached map (the "Property"), which is outside the city limits. 2. The City is able to serve only the western portion of the Development that is within the City's water service area with water service, since the remainder of the tract is in Maxwell Water Supply Corporation's service area. 3. City Code Section 86.003(d) provides that extensions of the City wastewater system will be made only if the customer is purchasing City water, and the Developer has requested a waiver of this requirement for the portion of the Development that is outside the City's water service area, and in the Maxwell Water Supply Corporation service area. 4. The City Council is willing to grant such a waiver on the basis that the Property is located within the water service area of another provider, and the Developer will provide water supply improvements with capacity meeting City standards, including firefighting capacity, within the Development. 5. The City Council is willing to approve the extension of City water system to the western portion of the Development that is within the City's water service area, and the City Council is willing to approve the extension of City wastewater system to the entire area of the Development, conditioned upon the Developer's consent to annexation of the Property by the City. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: PART 1. The request by the Developer for a waiver of the requirement of City Code Section 86.003(d) described above for the portion of the Development that is outside the City's water service area is approved. PART 2. The extension of City water system to the portion of the Development that is within the City's water service area is approved, an~ the extension of the City's wastewater system to the Development is approved; both of these approvals are expressly conditioned on the Developer's consent to annexation of the Property by the City. PART 3. This Resolution shall be in full force and effect from and after its passage. ADOPTED this 11th day of April, 1998. &~~~ Billy G. Moore Mayor