Ord 2015-018/Lasalle MUD amendements

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CONSENT AGREEMENT THE STATE OF TEXAS § COUNTY OF HAYS § This Consent Agreement ( "Agreement ") is between the City of San Marcos, Texas ( "the City "), a home -rule city located in Hays County, Texas, and LaSalle Holdings, Ltd. a Texas limited partnership. (the "Developer "). City consents to the creation of four (4) municipal utility districts to include approximately 1,437 acres of land, partially within the extraterritorial jurisdiction of the City of San Marcos, Texas. The name of the proposed Districts shall be the LaSalle Municipal Utility District No. 2, 3, 4 and 5 (the "Districts ").The Districts will be created pursuant Texas Water Code Sections 49 and 54 by special act of the Texas legislature. INTRODUCTION The Developer owns approximately 1,437 acres of land located within the extraterritorial jurisdiction of the City (the "Land "). The Developer desires to have the City's consent to the creation of four municipal utility districts. The area is currently without an adequate waterworks system, wastewater system, or drainage system. The Districts will provide financing mechanisms to provide these items. Further, the Districts will assist in financing road improvements including the San Marcos Loop. Finally, the District will provide parks and open space. The City has adopted an ordinance that regulates the creation and review of special districts within the City's limits and its ETJ. The City has determined that, pursuant to the terms of this Agreement, and the requirements of CHAPTER 70 OF THE SAN MARCOS CODE the City will benefit from: (i) the quality of the development that will result from the plan set forth in the Development Agreement; and (ii) the creation of the Districts to finance the water and wastewater and drainage systems for the Districts. The Developer has determined that, pursuant to the terms of this Agreement, it will benefit from: (i) the certainty and assurance of the development regulations applicable to the development of the Land under this Agreement; and (ii) the ability to obtain the financial commitments that are necessary for development of this scope to become competitive in the marketplace. The City hereby finds that: (1) it is not likely to annex the District or serve the district within three (3) years from the date of the approval of this consent petition. (2) it is not likely that the City will service the District with water or wastewater; (3) the District is in the City's preferred growth area;