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RESOLUTION NO. 2007 - 6R R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS APPROVING AN EXTENSION OF CITY UTILITIES TO SERVE A 5.81 ACRE, MORE OR LESS, AREA PROPOSED FOR DEVELOPMENT BY OUTLET WEST INVESTORS, LTD., LOCATED AT THE SOUTHWEST CORNER OF 1-35 AT ITS INTERSECTION WITH CENTERPOINT ROAD; AND DECLARING AN EFFECTIVE DATE. RECITALS: 1. The City Land Development Code ("LDC") Section 2.3.1.2 requires City Council approval for the extension of City Utilities in the City's extraterritorial jurisdiction. 2. Outlet West Investors, Ltd. (the "Petitioner") has submitted a petition to extend City Utilities to serve the 5.81 acre, more or less, tract of property described on the attached Exhibit A (the "Property"), which is in the City's extraterritorial jurisdiction, to be developed for residential uses. 3. The City Council finds and determines that: ( a) The proposed development to be served by the extensions appears to be consistent with the Master Plan; (b) The extensions are proposed to be constructed in accordance with the City's Technical Construction Standards and Specifications, the provisions of Chapter 86 of the City Code, and all other applicable City regulations and standards; (c) It appears to be feasible to annex the property, and any intervening property which is needed for utility rights-of-way, to the City in a timely manner; (d) It appears that the utility extensions would not compromise the City's ability to timely provide adequate water or wastewater facilities to property inside the City; (e) It appears that the utility extensions will not lead to premature development that cannot be served efficiently and timely by roadway, drainage or park facilities; (f) It appears that the utility extensions are financially feasible given the Petitioner's proposed means of financing the extension; (g) It appears that the utility extensions will not lead to significant degradation of water quality or other environmental resources, either from construction of the water or wastewater improvements, development of petitioner's land, or development of other land that may be served through the extended facilities; and (h) The Petitioner is not proposing to extend City wastewater facilities without utilizing City water facilities. 4. The Petitioner's petition includes a request for annexation of the Property.