Ord 2013-076/Authorizing the partial release of area from San Marcos ETJ to the City of Uhland in exchange for the City of Uhland's partial release of area from Uhland's ETJ to the COSM establishing of an agreed San Marcos-Uhland ETJ boundary

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2. Upon Uhland's release of the appropriate area from Uhland's ETJ, (hereafter, the "Uhland Release Areas ") such area shall be included and for all purposes brought within the boundaries of the City of San Marcos' ETJ, and made an integral part, thereof, subject to the terms and conditions of the Agreement; and That San Marcos' ETJ is hereby expanded to include the Uhland Release Areas described in Exhibit "A" attached hereto (hereafter, the "Uhland Release Areas"). Upon Uhland's release of the appropriate areas from Uhland's ETJ, the Uhland Release Areas are hereby included and for all purposes brought within the boundaries of the City of San Marcos' ETJ, and are made an integral part, thereof, subject to the terms and conditions of this Agreement. 4. That this Ordinance does not apply to any portion of the San Marcos Release Area that is currently within the ETJ of another municipality and for which consent has not been or will not be granted by the releasing municipality. Any portion of the Areas that is not released from another municipality's ETJ is expressly excluded from this Ordinance. This Ordinance shall not be construed to in any way alter, modify or revise the ETJ of any municipality other than the City of San Marcos. Any portion of San Marcos's ETJ that becomes non - contiguous to the corporate boundaries or ETJ of the City of San Marcos as a result of the release of ETJ pursuant to this Ordinance or the Agreement shall be deemed to have been hereby released by the City of San Marcos. That the official map and boundaries of the City of San Marcos are hereby amended and revised so as to include the Uhland Release Areas and to exclude the San Marcos Release Areas. That the owners and inhabitants of the areas are entitled to all of the rights and privileges of other citizens of the City of San Marcos's ETJ, and are hereby bound by all acts, ordinances and other legal actions now in full force and effect, and those that may be hereafter adopted or enacted, regarding the ETJ, 7, That the City Clerk is hereby instructed to include this Ordinance in the records of the City. 8. That the Mayor is hereby instructed to file a certified copy of this Ordinance and attachments with the Caldwell County Clerk and other appropriate entities. 9. That the City Planning Director is hereby instructed to have maps depicting the new municipal boundaries prepared. 10. That the Mayor is hereby authorized to execute any documents necessary for the approval and implementation of this Ordinance between the City of Uhland and the City of San Marcos, and the expansion of San Marcos's ETJ. SECTION 3. Effective Date. This Ordinance is effective and the expansion of the ETJ achieved herein shall be final and complete after the date of final adoption of this Ordinance and release of the appropriate areas from Uhland's ETJ. SECTION 4. Severability. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this Ordinance be severable. If any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional or ultra vires by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance, and 2