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<br />t06. <br /> <br />RESOLUTION NO. 2002-2.2..,LR <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br />SAN MARCOS, TEXAS, APPROVING THE TERMS AND <br />CONDITIONS OF A SETTLEMENT AGREEMENT RELATED TO <br />THE GARY v. CITY OF SAN MARCOS SUIT; AUTHORIZING THE <br />CITY MANAGER TO EXECUTE THE AGREEMENT; AND <br />DECLARING AN EFFECTIVE DATE. <br /> <br />RECITALS: <br /> <br />1. In August, 2000, several owners of property in the Edwards Aquifer recharge zone filed <br />a lawsuit challenging the Edwards Aquifer Protection Ordinance that was adopted by the Council <br />in March, 2000, claiming that the ordinance was subject to the Texas Private Real Property Rights <br />Protection Act and that a "takings impact assessment" should have been performed prior to adoption <br />of the ordinance. <br /> <br />2. The City has defended the suit on the basis that the ordinance fell within several exceptions <br />to coverage of the state law related to the protection of water quality for the Edwards Aquifer, a <br />source of the City's water supply. <br /> <br />3. The City staff recently negotiated an agreement with the plaintiffs to settle the suit. Under <br />the agreement, the City will pay the plaintiffs approximately one-half of their attorney expenses, and <br />the plaintiffs agree to dismiss their claims. <br /> <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS. <br />TEXAS: <br /> <br />PART 1. The attached Compromise Settlement Agreement and Mutual Release of All <br />Claims between the City of San Marcos and the plaintiffs in the Gary v. City of San Marcos suit is <br />approved. <br /> <br />PART 2. The City Manager, Dan O'Leary, is authorized to execute the agreement on behalf <br />of the City. <br /> <br />PART 3. This Resolution is in full force and effect immediately from and after its adoption. <br /> <br />ADOPTED on December 9, 2002. <br /> <br />\V~.~ <br /> <br />Robert B. Habingreither <br />Mayor <br /> <br />