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<br />36. <br /> <br />RESOLUTION NO. 2001-...2LR <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS, APPROVING THE TERMS AND CONDITIONS OF A CONSENT AND <br />AGREEMENT BETWEEN THE CITY, HA YS ENERGY LIMITED <br />PARTNERSHIP AND CITIBANK, N.A. RELATED TO HAYS ENERGY'S <br />ASSIGNMENT OF THE RETAIL WATER SUPPLY AGREEMENT, <br />WASTEWATER SERVICES AGREEMENT AND TAX ABATEMENT <br />AGREEMENT FOR FINANCING PURPOSES; AUTHORIZING THE CITY <br />MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY <br />AND DECLARING AN EFFECTIVE DATE. <br /> <br />RECITALS: <br /> <br />1. The City entered into an Amended and Restated Retail Water Supply Agreement, an <br />Amended and Restated Wastewater Services Agreement, and an Amended and Restated Tax <br />Abatement Agreement (the "Agreements"), each dated July 11, 2000, with Hays Energy Limited <br />Partnership ("Hays Energy"). <br /> <br />2. Hays Energy and Citibank, N.A. have requested the City's approval to the assignment by <br />Hays Energy of the Agreements for financing purposes, and the City is willing to approve the <br />assignment under the terms of the attached Consent and Agreement. <br /> <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: <br /> <br />P ART 1. The attached Consent and Agreement between the City of San Marcos, Hays <br />Energy Limited Partnership and Citibank, N.A. related to Hays Energy's assignment of the <br />Agreements for financing purposes is approved. <br /> <br />PART 2. The City Manager, Larry D. Gilley, is authorized to execute the Consent and <br />Agreement on behalf 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 <br /> <br />June 11, 2001. <br /> <br />" <br /> <br />I) (:1' <br />... David Chiu <br />Mayor <br /> <br /> <br />Attest: <br /> <br /> <br />Janis K. Womack <br />City Clerk <br />