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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
Number
2014-70
Date
12/2/2014
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Section 2.03 Annexation of Limited Purpose Tracts for Limited Purposes. <br />a. The Limited Purpose Tracts may be annexed by City for limited purposes under Section <br />43.0751 of the Local Government Code. The boundaries of the Limited Purpose Tracts may be <br />modified by City in connection with the designation under the Development Agreement of areas <br />in which community commercial uses are permitted uses. The Parties agree that all of Limited <br />Purpose Tracts upon limited purpose annexation of the same by City shall continue to be a part of <br />the District following such annexation and shall continue to receive the same services from the <br />District that the property now receives. District may levy an ad valorem tax in all of the areas <br />within the District Boundaries as long as the District continues to exist. City shall not levy an ad <br />valorem tax on the Limited Purpose Tracts during the Period of Limited Purpose Annexation. <br />Notwithstanding any limited purpose annexation, the Limited Purpose Tracts shall continue to be <br />located within the ETJ of City for purposes of this Agreement and shall be subject to the <br />Development Agreement. <br />b. District on behalf of all present and future owners of land within District Boundaries hereby <br />consents to City's annexation of the Limited Purpose Tracts for limited purposes as provided in <br />this Agreement, and the imposition of sales and use tax by City in the Limited Purpose Tracts <br />within the District pursuant to the terms of this Agreement; and consents to the conversion of the <br />property within the District to full purpose jurisdiction in accordance with this Agreement, the <br />Development Agreement and the Consent Agreement. It is the intent of the Parties that the consent <br />granted in this Agreement shall bind the District and each owner and future owner of land within <br />the District Boundaries. <br />Section 2.04 Taxation Authority of the City in the District During Period of Limited <br />Purpose Annexation. City may impose and collect sales and use tax in the Limited Purpose <br />Tracts upon the limited purpose annexation of such tracts as provided in subsection (k) of Section <br />43.0751 of the Local Government Code. City shall have no authority to levy any other taxes within <br />the District prior to full purpose annexation. <br />Section 2.05 Full Purpose Annexation. In accordance with Section 43.0751 of the Local <br />Government Code, District and City agree that City may commence a full purpose annexation of <br />the District under this Agreement no sooner than the date on which (1) at least ninety percent (90 %) <br />of the water, wastewater, drainage and road facilities of the District have been constructed, and <br />accepted by the applicable governmental entity, and (ii) the developer in the District has been <br />reimbursed by the District for the cost of the District facilities to the extent allowed in accordance <br />with the rules of the Texas Commission on Environmental Quality. City may effect an annexation <br />by adoption of an ordinance including the area of the District within the full purpose City limits, <br />and dissolving the District. <br />5 <br />
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