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<br />I <br /> <br />RESOLUTION NO. 2007-72 R <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN <br />MARCOS, TEXAS REGARDING HOUSE BILL 2655 IN THE 80TH TEXAS <br />LEGISLATIVE SESSION WHICH AFFECTS CERTIFICATES OF <br />CONVENIENCE AND NECESSITY; PROVIDING FOR SEVERABILITY; <br />AND ESTABLISHING AN EFFECTIVE DATE. <br /> <br />WHEREAS, on March 6, 2007, House Bill 2655 ("HB 2655") was filed in the 80th <br />Texas Legislative Session; <br /> <br />WHEREAS, HB 2655, if approved as filed, would no longer prohibit a municipality <br />from having a certificate of convenience and necessity ("CCN") for retail water and/or sewer <br />service outside its extraterritorial jurisdiction ("ET J") without the written consent of landowners; <br /> <br />WHEREAS, it is in the best interests of the City to take action to show its support of HB <br /> <br />2655. <br /> <br />NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF <br />SAN MARCOS, TEXAS: <br /> <br />I <br /> <br />SECTION 1. The recitals contained in the preamble of this Resolution are determined to <br />be true and correct and are hereby adopted as a part of this Resolution. <br /> <br />SECTION 2. The City Council hereby supports HB 2655 to ensure that the City <br />protects its interests regarding CCNs. <br /> <br />SECTION 3. It is hereby declared that the sections, paragraphs, sentences, clauses, and <br />phrases of this Resolution are severable and, if any phrase, clause, sentence, paragraph, or <br />section of this Resolution shall be declared unconstitutional or invalid by the valid judgment or <br />decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not <br />affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this <br />Resolution, because the same would have been enacted by the City Council without the <br />incorporation of any such unconstitutional phrase, clause, sentence, paragraph, or section. <br /> <br />SECTION 4. All resolutions and parts thereof in conflict herewith are hereby expressly <br />repealed insofar as they conflict herewith. <br /> <br />SECTION 5. This Resolution shall take effect immediately after passage hereof. <br /> <br />ADOPTED on the 17th day of April <br /> <br />2007. <br /> <br />I <br /> <br />~a~~ <br /> <br />Mayor <br />