Ord 2014-070/Approving a petition submitted by Metcalfe, Wolfe, Stuart & Williams, LLP on behalf of Walton Texas, LP granting the consent of the City of San Marcos, Texas, to the creation of Cotton Center Municipal Utility District No. 1

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ORDINANCE NO. 2014-70 AN ORDINANCE GRANTING THE CONSENT OF THE CITY OF SAN MARCOS, TEXAS, TO THE CREATION OF COTTON CENTER MUNICIPAL UTILITY DISTRICT NO. 1 WITHIN THE CITY'S EXTRATERRITORIAL JURISDICTION; APPROVING A CONSENT AGREEMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONSENT AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. RECITALS: 1. The City of San Marcos (the "City") received a Petition for Consent to the Creation of a Municipal Utility District for 2,358 acres currently located in the City's extraterritorial jurisdiction, a copy of which petition is attached as Exhibit A; and 2. Section 54.016 of the Texas Water Code provides that land within a municipality's extraterritorial jurisdiction may not be included within a municipal utility district without the municipality's written consent; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. That the City Council of the City of San Marcos, Texas, gives its written consent to the creation of the Cotton Center Municipal Utility District No. 1 on 2,358 acres of land, as described in the attached petition, provided, however, that said consent is expressly subject to the conditions set forth in the Consent Agreement which is hereby approved and attached hereto as Exhibit B and incorporated herein to this Ordinance. SECTION 2. The City Council approves and the City Manager is authorized to execute the Consent Agreement. SECTION 3. If any word, phrase, clause, sentence, or paragraph of this ordinance is held to be unconstitutional or invalid by a court of competent jurisdiction, the other provisions of this ordinance will continue in force if they can be given effect without the invalid portion. SECTION 4. All ordinances and resolutions or parts of ordinances and resolutions in conflict with this ordinance are repealed. SECTION 5. This ordinance will take effect after its passage, approval and adoption on second reading. PASSED AND APPROVED on first reading on November 18, 2014. PASSED, APPROVED AND ADOPTED on second reading on December 2, 2014.