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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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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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12/12/2018 8:36:49 AM
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12/16/2014 9:07:36 AM
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City Clerk - Document
Ordinances
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2014-70
Date
12/2/2014
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A Sub - District may not issue bonds until a Strategic Partnership Agreement is negotiated <br />and approved by the City and the District or a Sub - District, and a fully executed original <br />Strategic Partnership Agreement is provided to the City. <br />Section 2.06 Withdrawal of City Consent. <br />The City's consent to the creation of the District shall be deemed withdrawn i£ <br />a. The District is not created by the state within thirty six (36) months from the date of the <br />ordinance granting the City's consent; or <br />b. The District has not held a confirmation election within twenty four (24) months from the <br />date of its creation by the legislature; or <br />The District has not created a Sub - District within twenty four (24) months of the <br />confirmation election of the District; or <br />The construction of public improvements, in accordance with a Public Improvements <br />Construction Plan approved by the City, has not started on the property in a Sub - District <br />within twenty four (24) months of the Sub - District's confirmation election. It being <br />specifically acknowledged that the construction of any public improvements within any <br />Sub - district created by the division of the District or any portion of the Land shall be <br />deemed to meet this requirement for all of the Land; and upon the commencement of said <br />construction on the property in the Sub- District, the withdrawal of City consent shall not <br />occur. <br />Section 2.07 Fees. <br />a. As additional consideration for this Agreement the Owner shall pay the City an <br />Administrative Fee and a Master Development Fee, which is in addition to any other <br />applicable City fees and sums due under the Development Agreement. <br />b. Administrative Fee. An administrative fee of one - hundred and seventy thousand ($170,000) <br />dollars shall be paid to the City by the Owner on or before the Effective Date of this <br />Agreement. This fee shall be for the sole use and benefit of the City for any purpose as the <br />City in its discretion may decide. <br />c. Master Development Fee. A Master Development fee of approximately one million seven <br />hundred thousand ($1,700,000) dollars shall be paid to the City out of the net Owner <br />reimbursement from the proceeds from the issuance of bonds by the Sub - District at the rate <br />$700 per acre of each Sub - District. <br />d. The City, Owner, District and resulting Sub - District agree that the payment of the Master <br />Development Fee is to be paid from the net Developer reimbursement from the proceeds of <br />bonds issued by the Sub - District in conjunction with the closing of each such series of bonds <br />but in any event not later than thirty (30) days from the date of closing on a series of bonds. <br />After the 1 Ot" anniversary of the Effective Date of this Agreement, the per acre fee out of the <br />net Owner reimbursement from each series of bonds is subject to increase at a rate equal to <br />the percentage increase in the City's ad valorem tax rate over that same period. <br />m <br />
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