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• RESOLUTION,2008-126 R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, MAKING APPOINTMENTS TO THE BOARD OF DIRECTORS OF THE HAYS CALDWELL PUBLIC UTILITY AGENCY; AND DECLARING AN EFFECTIVE DATE. RECITALS: 1. The governing bodies of the City of San Marcos, the City of Buda, the City of Kyle and the Canyon Regional Water Authority have adopted resolutions (the "Concurrent Resolutions") approving the creation of the Hays Caldwell Public Utility Agency (the "Agency") under the Texas Local Government Code Chapter 422, as amended (the "PUA Act"). 2. The Concurrent Resolutions provide for the Agency to be governed by a Board of Directors (the "Agency Board") to which the City is entitled to appoint five members. 3. In October 2006, the City Council appointed five people to the Agency Board as it existed at that time. 4. The City Council adopted Resolution No. 2007-41R on March 6, 2007 which approved bylaws for the agency (the "Agency Bylaws"). Under the Agency Bylaws, each "initial Director shall serve --- until his or her successor is appointed by a Sponsor." The Agency • Bylaws also provide that terms of office for members of the Agency Board appointed subsequent to the initial directors shall be "at least two (2) years," and the Agency's bond attorneys have recommended that the terms of office of members of the Agency Board be two years. The Agency Bylaws also provide that the City's appointees to the Agency Board will serve staggered terms. 5. The City Council adopted Resolution No. 2008-73R on May 20, 2008 appointing Rick Menchaca to Place 6 on the Board and reaffirming the appointment of Susan Narvaiz to serve terms ending on September 30, 2008 and reaffirming the appointment of Tom Taggart, Laurie Anderson, and Rosie Vela to Places 7, 8, and 9 on the Board expiring on September 30, 2009. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: Part 1. The City Council hereby appoints the following persons to serve as the City's representatives on the Board of Directors of the Hays Caldwell Public Utility Agency: