Res 2022-235R/making legislative findings and confirming that the City of San Marcos has not consented, by ordinance or resolution, for Crystal Clear Special Utility District to provide potable water service to a tract of land containing 563.199

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RESOLUTION NO.2022-235R A RESOLUTION MAKING LEGISLATIVE FINDINGS AND CONFIRMING THAT THE CITY OF SAN MARCOS HAS NOT CONSENTED, BY ORDINANCE OR RESOLUTION, FOR CRYSTAL CLEAR SPECIAL UTILITY DISTRICT TO PROVIDE POTABLE WATER SERVICE TO A TRACT OF LAND CONTAINING 563.199 ACRES OF LAND, COMMONLY REFERRED TO AS THE "HILLERT TRACT," THAT WAS ANNEXED INTO THE CORPORATE LIMITS OF THE CITY BY THE PASSAGE OF ORDINANCE NO.2008-016; AND PROVIDING AN EFFECTIVE DATE WHEREAS,the Crystal Clear Special Utility District ("CCSUD") is a special utility district created pursuant to SB 1116 which became effective on June 14,2013, and is codified at Chapter 7206 of the Texas Special District Local Laws Code, and which became effective upon passage of CCSUD's confirmation election on January 18, 2014; and WHEREAS, CCSUD provides potable water to household users pursuant to Certificate of Convenience and Necessity("CCN")number 10297, and provides sewer services to household users pursuant to CCN number 21086, issued on February 12, 2016, as authorized by the Texas Public Utilities Commission(the"PUC"); and WHEREAS,CCSUD is subject to the provisions of Chapter 49 of the Texas Water Code,and Section 49.215 of said code provides that a district such as CCSUD shall not provide services or facilities to serve areas outside the district that are also within the corporate limits of a city without securing a resolution or ordinance of the city granting consent for the district to serve the area within the city; and WHEREAS, the City of San Marcos,Texas(the"City"),has never granted CCSUD consent to serve areas outside of CCSUD's district boundaries that are in the corporate limits of the City; and WHEREAS,the tract of land containing 563.199 acres of land commonly referred to as the"Hillert Tract" was annexed into the corporate limits of the City by the passage of Ordinance No. 2008-016, and said Hillert Tract is not within the district boundaries of CCSUD, and the property commonly referred to as the "River Bridge Ranch Tracts" or "RBR Tract" and the "Lennar Tracts" are located within the Hillert Tract, as depicted on the map attached hereto and made a part hereof as Exhibit"A" (the"Tract Map"); now,therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. The City Council of the City of San Marcos, Texas, hereby makes the following legislative findings: a. The CCSUD is a special utility district to which Chapter 49, and specifically Section -1-