Ord 2022-005/Granting the Consent of the city of San Marcos to the creation of Hays County Municipal Utility District No. 8 including approx 567.663 Acreas vicinity of old Bastrop Hwy. Between Redwood Rd and San Marcos River.

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Subject to all of the foregoing, the District hereby consents to the full purpose annexation of all Land within the District on the Full -Purpose Annexation Date (defined herein) without further procedural action of any kind by the City Council or the District's Board of Directors in accordance with Section 43.0751(f)(6) and (h) of the Texas Local Government Code. For purposes of this Agreement, the "Full -Purpose Annexation Date" is the date on which the City Council adopts an ordinance that includes all of the Land within the District within the full -purpose boundary limits of the City, which date shall not be prior to satisfaction of all conditions set forth in Section 2.01. 2.02. Annexation of Commercial property. Notwithstanding Section 2.01, when property within the District is developed for Commercial purposes, the City may annex for limited purposes Commercial property within the District (the "Aimexed Commercial Property'). The City and the District shall work together to identify such Commercial property to be annexed for limited purposes. In the event Commercial property is annexed for limited purposes, the District shall remain in existence, with full powers, and any Annexed Commercial Property shall also remain in the boundaries of the District, subject to the full power and authority of the District otherwise vested in the District, including with respect to water, wastewater, drainage and road facilities and services. The limited purpose annexation of Commercial property is solely for the imposition and collection of the City's Sales and Use Tax within the Annexed Commercial Property. The City shall not impose its ad valorem taxes upon any portion of the District property during the period of limited purpose annexation. This annexation provision is in lieu of any full purpose annexation of Commercial property or annexation of residential property prior to the annexation of the entire District as provided in this Article. In accordance with TEX. LOCAL GOVT CODE, Section 43.0751(r)(2), the District consents to noncontiguous amlexation of the Amzexed Commercial Property. 2.03. Operations prior to full annexation. Prior to annexation of the entire District for full purposes, except as may be specifically provided in this Agreement, the District is authorized to exercise all powers and functions of a municipal utility district provided by law, including, without limiting the foregoing, the power to incur additional debts, liabilities, or obligations, to construct additional facilities, or to contract with others for the provision and operation thereof, or sell or otherwise transfer property without prior approval of the City, and the exercise of such powers is hereby approved by the City. 2.04. Continuation of the District following full annexation. Upon full purpose annexation of the entire District under the provisions of Section 2.01 above, the District will continue to exist for an extended period to allow for the completion of District operations and the integration of the District's systems into the City's systems, -4- 964507_3