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HomeMy WebLinkAboutRES 010808-S - Name Change Wilco MUDRESOLUTION NO. .0 / 0 8 O8 - S A Resolution of the City Council of the City of Georgetown, Texas Amending Resolution No. 112707-V Relating to the Granting of Consent by the City of Georgetown to the Creation of a Williamson County Municipal Utility District Approved and Adopted on November 27, 2007, to Change the Name of the District Per the Requirements of the Rules of the Texas Commission on Environmental Quality. WHEREAS, the City of Georgetown ("City") received from Oaks at San Gabriel, L.L.C. ("Developer") a Petition for Consent to the Creation of a Municipal Utility District for 397.768 acres currently located in the City's extraterritorial jurisdiction, a copy of which petition, including the metes and bounds description of the land to be included in the district, is attached to Resolution No. 112707-V (the "Original Petition"); and WHEREAS, the Original Petition was entitled, "Petition for Consent to the Creation of Williamson County Municipal Utility District No. 23," and WHEREAS, on November 27, 2007, the City Council approved Resolution No. 112707- V, and thus gave its written consent to the creation of Williamson County Municipal Utility District No. 23 on the 397.768 acres of land described in the Original Petition; and WHEREAS, on November 27, 2007, the City Council also approved a Consent Agreement by and between the City, Developer, and Williamson County Municipal Utility District No. 23 ("Consent Agreement"), as well as the Offsite Utility Construction and Cost Reimbursement Agreement for Oaks at San Gabriel Subdivision, as amended; and the Development Agreement for Oaks at San Gabriel Subdivision, as amended; and WHEREAS, subsequently, the Texas Commission on Environmental Quality (TCEQ) advised that the name "Williamson County Municipal Utility District No. 23" was already taken for another district and was thus not available to be the name of the district described in the Original Petition, the Consent Agreement, the Offsite Utility Construction and Cost Reimbursement Agreement for Oaks at San Gabriel Subdivision, as amended, or the Development Agreement for Oaks at San Gabriel Subdivision, as amended; and WHEREAS, the name of the district referred to in Resolution No. 112707-V, and in the Original Petition, the Consent Agreement, the Offsite Utility Construction and Cost Reimbursement Agreement for Oaks at San Gabriel Subdivision, as amended, and the Development Agreement for Oaks at San Gabriel Subdivision, as amended, must be changed to "West Williamson County Municipal Utility District No. 1;" and WHEREAS, Developer's Acknowledgement and Consent to the name change of the district in the Original Petition, the Consent Agreement, the Offsite Utility Construction and Cost Reimbursement Agreement for Oaks at San Gabriel Subdivision, as amended, and the Development Agreement for Oaks at San Gabriel Subdivision, as amended, is attached hereto as "Exhibit A"; and Resolution No. 0 / 080Y- S Page 1 of 3 Amendment to Resolution No. 112707-V relating to a name change from Williamson County MUD 23 to West Williamson County MUD No. 1 NOW THEREFORE, the City Council of the City of Georgetown hereby orders and resolves as follows: 1. That Resolution No. 112707-V is hereby amended to change the name of the municipal utility district for which the City Council consents to creation from "Williamson County Municipal Utility District No. 23" to "West Williamson County Municipal Utility District No. 1." 2. That all references in the Original Petition; the Consent Agreement, the Offsite Utility Construction and Cost Reimbursement Agreement for Oaks at San Gabriel Subdivision, as amended, and the Development Agreement for Oaks at San Gabriel Subdivision, as amended, to "Williamson County Municipal Utility District No. 23" or to the "District" shall hereby be revised to refer to "West Williamson County Municipal Utility District No. 1." 3. That all other provisions of the Original Petition; the Consent Agreement, the Offsite Utility Construction and Cost Reimbursement Agreement for Oaks at San Gabriel Subdivision, as amended, and the Development Agreement for Oaks at San Gabriel Subdivision, as amended, shall remain in full force and effect. 4. The Mayor is hereby authorized to execute, and the City Secretary to attest thereto this Resolution on behalf of the City of Georgetown. 5. This Resolution shall be effective immediately upon adoption. RESOLVED this ‘/4 day of APPROVED AS TO FORM: 1>i (cX, Patricia E. Carls City Attorney 2008. ATTEST: Sandra D. Lee City Secretary Resolution No. 0/0 Y07-.S Page 2 of 3 Amendment to Resolution No. 112707-V relating to a name change from Williamson County MUD 23 to West Williamson County MUD No. 1 ACKNOWLEDGEMENT AND CONSENT Oaks at San Gabriel, L.L.C. hereby consents to the amendment of the Original Petition; the Consent Agreement, the Offsite Utility Construction and Cost Reimbursement Agreement for Oaks at San Gabriel Subdivision, as amended; and the Development Agreement for Oaks at San Gabriel Subdivision, as amended, to change the name of the municipal utility district referred to therein from "Williamson County Municipal Utility District No. 23" to "West Williamson County Municipal Utility District No. 1." OAKS AT SAN GABRIEL, L.L.C., a Texas limited liability company By: HEARTHSTONE, INC., a California corporation, dba in Texas as Hearthstone Advisors, Inc., its Manager By: Date: cy T. Carver Executive Vice President — General Counsel 2^m Resolution No. O i O 8 O 3• S Page 3 of 3 Amendment to Resolution No. 112707-V relating to a name change from Williamson County MUD 23 to West Williamson County MUD No. 1