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<br /> 171 <br /> RF~(~OLUTION NO. 1989- 145 R <br /> A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN <br /> ]\1ARCOS, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A <br /> WATER FACILITIES AND ROADWAY IMPROVEMENTS AGREEMENT <br /> BETWEEN THE CITY AND THE PROPERTY OWNERS WITHIN THE <br /> ESTATES OF SAN MARCOS SUBDIVISION; AUTHORIZING THE CITY <br /> MANAGER TO EXECUTE THIS AGREEMENT ON BEHALF OF THE <br /> CITY; AND DECLARING AN EFFECTIVE DATE. <br /> WHEREAS, the property owners within the Estates of San Marcos <br /> Subdivision ("Owners") have made application to the City for the <br /> Subdivision to be designated as a Planned Development District pursuant <br /> to the Subdivision and Planned Development District ordinances of the <br /> City; and, <br /> WHEREAS, the water facilities present within the proposed <br /> Subdivision do not meet the provisions of Section F of the City <br /> Subdivision Ordinance in that the existing system, although aprpoved by <br /> the Texas Water Commission and adequate to meet the needs of residents <br /> within the Subdivision for water supply for household uses, is not <br /> adequate to meet fire protection requirements; and, <br /> WHEREAS, the water facilities are now owned by the Owners, but are <br /> to be conveyed to the Subdivision's Homeowner's Association upon a <br /> certain level of development of the Subdivision; and, <br /> WHEREAS, the alignment of the intersection of the street entering <br /> the subdivision, Mountain High Drive, with McCarty Lane does not meet <br /> the City's construction design standards; and, <br /> WHEREAS, the approval by the City Planning Commission of the <br /> Subdivision is conditioned on the agreement by the Owners and the <br /> Homeowner's Association to correct these deficiencies upon the <br /> occurrence of certain contingencies. <br /> NOvJ, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF <br /> SAN MARCOS, TEXAS: <br /> PART 1. That the terms and conditions of the Water Facilities and <br /> Roadway Improvements Contract attached to this Resolution as Exhibit 1 <br /> are hereby approved. <br /> PART 2. That the City Manager, Larry D. Gilley, is hereby <br /> authorized to execute this agreement with the Owners and the <br /> Homeowner's Association on behalf of the City. <br /> PART 3. That this Resolution shall be in full force and effect <br /> from and after its passage. <br /> ADOPTED this II day of December, 1989. <br /> ~ ~ J}Æ~~ <br /> Mayor <br /> Attest: JI( v¡ß, <br /> cI/; (}Jì~ ... .. ...., J/f\.IIJ.M) <br /> Jad/s K. Womack <br /> Ci fy Secretary <br />