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Ord 2007-071
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Ord 2007-071
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Last modified
2/25/2008 2:34:59 PM
Creation date
12/12/2007 9:45:20 AM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Agreement
Number
2007-71
Date
12/11/2007
Volume Book
173
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<br /> <br />COUNTY OF HAYS <br /> <br />s <br />s <br />s <br /> <br />AGREErvlENT TO RELEASE <br />EXTRATERRITORIAL JURISDICTION <br /> <br />This Agreement is made as of August ----1 2007, by and between the CITY OF <br />SAN MARCOS, TEXAS, a home-rule Clty organized and existing under the lmvs of the <br />State of Texas ("San Marcos"), and the CITY OF KYLE, TEXAS, a home rule City <br />orgamzed and eXIsting under the laws of the State of Texas ("Kyle"), <br /> <br />RECITALS <br /> <br />Whereas, San Marcos and Kyle wish to clarify and adjust their cAtraterritonal <br />jurisdictIOn ("Err') to allow for certainty and ease of regulatIOn for the benefit of the <br />two cities and the inhubitants and property owners affected; <br /> <br />Whereas, 'rEX. LOCAL Cov'r CODE Section 42,023 provides that a municipality <br />may reduce Its ET] by givmg its written consent by ordinance or resolution; and, <br /> <br />Whereas, Kyle agrees to relinquish any claim it has to certain areas as described <br />111 this Agreement, thereby allowing the ETJ of the other city to expand into such area, <br />and to approve thts Agreement by ordinance In accordance with applicable law; and <br /> <br />Whereas, San Marcos and Kyle Wish further to provide for the administnltlon <br />and regulation or Yarrington Road as described herein; now, therefore, <br /> <br />In consideration of the mutual covenants and obligations described herem, the San <br />Marcos and Kvle hereby agree as follows; <br /> <br />Section 1. Kyle EYJ release. Kyle hereby releases its right of extraterntonal <br />jurisdiction III and to the territory located at the west corner of 4C),618 aGe tract <br />described 111 a warranty deed "'11th Vendors's Lien to Hudson Bay I\V PMk <br />Incorporated, dated August 22, 1997, and \vhicll IS more fully descnbed m the attached <br />1.855 acre survey labeled EXHIBIT A1-/\3; <br /> <br />Section 2. Map of waived territory; no reinclusion. The territory subject to <br />release as provided herein is more partICularly descnbed in the map attached hereto as <br />Exhibits A4 and AS. In the event of an\' discrepancy between the written descriptions <br />contained in the Agreement and Exhibits A4 and AS, the exhIbits shall prevail. Kyle <br />further agrees that the waived territory will not be returned to its ET] as a result of <br />expanSIOn of theIr existing buundanes, Increase m theIr populations, or petitIoned <br />annexatIOn, <br /> <br />POFConverU222.1ILAsmell.do( <br />
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