Ord 2013-053/C&G Development for Voluntary Annexation and annexing for full purposes a 45.02 acre tract of land

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ORDINANCE NO. 2013-53 AN ORDINANCE OF THE CITY OF S A N M A R C O S, TEXAS, GRANTING A PETITION BY C& G D E V E L O P M E N T, LTD. FOR VOLUNTARY ANNEXATION AND ANNEXING, FOR FULL PURPOSES, A 45.02 ACRE TRACT OF LAND O U T OF THE J. WILLIAMS SURVEY, ABSTRACT NO. 470, AND THE T.J. CHAMBERS SURVEY, ABSTRACT NO. 2, HAYS COUNTY, TEXAS AND BEING A PORTION OF A TRACT OF A CALLED 501.30 ACRE TRACT, DESCRIBED IN VOLUME 1360, PAGE 97, OF THE OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS IN THE CITY OF SAN M A R C O S ; AND TO BE ZONED SF -6; EXTENDING THE BOUNDARIES OF THE CITY TO INCLUDE THE LAND; BINDING THE LAND TO ALL OF THE ACTS, ORDINANCES, RESOLUTIONS AND REGULATIONS OF THE CITY; APPROVING A SERVICE PLAN; AND PROVIDING AN EFFECTIVE DATE. RECITALS: 1. Article II, Section 2.03, of the San Marcos City Charter empowers the City Council to annex territory in accordance with applicable state laws; and 2. Texas Local Government Code Section 43.028 authorizes the City to annex sparsely occupied area on petition of area landowners that is one-half mile or less in width, is contiguous to the annexing municipality, and is vacant and without residents; and 4. C&G Development, Ltd., has submitted a written petition requesting voluntary annexation of an approximately 45.02 acre tract of land that it owns. 5. The City Council of the City wishes to grant the annexation petition submitted to the City of San Marcos attached hereto as Exhibit A; 6. The City of San Marcos, Texas (the "City") desires to annex the approximately 45.02 acres of land, more particularly described in Exhibit "B", attached hereto and incorporated herein by reference; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: PART 1. The City Council finds the tract is: (1) one-half mile or less in width, (2) contiguous to the current city limit line, and (3) vacant and without residents or with fewer than three qualified voters residing, and meets all other legal prerequisites for voluntary annexation into the city limits of the City of San Marcos. PART 2. The letter of petition for annexation submitted by C&G Development, Ltd. which is attached hereto as Exhibit A and incorporated herein, requesting voluntary annexation is granted by the City Council of the City of San Marcos. PART 3. A public hearing as required by Section 43.028(d) of the Texas Local Government Code was held on September 3, 2013, which date is more than five days and less than 30 days after the 1