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<br />ORDINANCE 2007- 71 <br /> <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF <br />SAN MARCOS, TEXAS, APPROVING AN AGREEMENT <br />BETWEEN THE CITY AND THE CITY OF KYLE ACCEPTING <br />A RELEASE BY KYLE OF .865 ACRES MORE OR LESS OF <br />EXTRATERRITORIAL JURSIDICTION AT YARRINGTON <br />AND POST ROADS FOR THE CONSTRUCTION OF THE <br />YARRINGTON ROAD RAILROAD OVERPASS; <br />AUTHORIZING THE MAYOR TO EXECUTE THE <br />AGREEMENT ON BEHALF OF THE CITY, AND <br />CONTAINING PROCEDURAL PROVISIONS. <br /> <br />RECITALS: <br /> <br />1. The City Council created Tax Increment Reinvestment Zone No. Two (TIRZ <br />No.2) in March of 2005 for the purpose of providing financing to reimburse a portion of the <br />costs associated with the construction of a railroad overpass for Yarrington Road. <br /> <br />2. An approximately 1.855 acre more or less portion of a larger tact located at <br />Post and Yarrington Roads is necessary for the construction of the overpass. Currently the <br />1.855 acre portion is not included in TIRZ No.2 or the City of San Marcos. <br /> <br />3. Pursuant to a 1987 agreement establishing Extraterritorial Jurisdiction (ET J) <br />boundaries between the City of Kyle and the City of San Marcos, an .865 acre more or less <br />portion of the 1.855 acre tract noted above is within the City of Kyle's ET J. <br /> <br />4. The attached Ordinance and Agreement to Release Extraterritorial <br />Jurisdiction approved by the City of Kyle on September 18, 2007 releases the .865 acre <br />area of ET J subject to the City of San Marcos adopting a substantially equivalent <br />ordinance. <br /> <br />5. Upon release of the ET J by the City of Kyle the .865 acre tract will become <br />part of the City of San Marcos' ET J by virtue of its proximity to current San Marcos city <br />limits. <br /> <br />6. The City of San Marcos is beginning the process of annexing the entire 1.855 <br />acre tract including the .865 portion into the city limits of the City of San Marcos. <br /> <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: <br /> <br />SECTION 1. The attached Agreement to Release Extraterritorial Jurisdiction <br />approved by the City of Kyle on September 18, 2007 is approved. <br /> <br />SECTION 2. The Mayor, Susan Narvaiz, is authorized to execute this <br />agreement on behalf of the City. <br />