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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following which period the City shall act to dissolve the District in accordance with applicable law. If the City has not dissolved the District within 90 days after such annexation under Section 2.01, then the District shall be automatically dissolved on the 91st day after such annexation. At such time, the City will assume all rights, assets, liabilities and obligations of the District (including all obligations to reimburse the developers within the District) and the District will not be continued or converted for limited purposes. Upon full purpose annexation, fees and charges imposed on residents of the former District for services provided by the City shall be equal to those fees and charges imposed on all other residents of the City. ARTICLE 3 LIMITED PURPOSE ANNEXATION OF LAND 3.01. Imposition of the City's Sales and Use Tax. Pursuant to Subsection (k) of the Act, the City shall impose a Sales and Use Tax within the Annexed Commercial Property upon the limited purpose annexation of the Commercial property. The Sales and Use Tax shall be imposed on all eligible commercial activities at the rate allowed under Chapter 321 of the TEX. TAX CODE. The sales and use tax shall take effect on the date described in TEX. TAX CODE, §321.102. 3.02. Consent to limited purpose annexation. The District hereby requests that the City annex the Commercial property solely for the purposes provided in this Agreement. The District consents to such annexations, from time to time, and to the collection of sales and use tax revenues by the City within the Annexed Commercial Property. Such consent shall bind the District. 3.03 Limited purpose annexation. The Parties agree that the City may annex the Commercial property for the sole and limited purpose of collecting Sales and Use Taxes authorized by Chapter 321 of the TEX. TAX CODE to be imposed by the City on sales consummated within the Annexed Commercial Property. The District acknowledges and agrees that the City Council may adopt a limited purpose annexation ordinance applicable to the Commercial property at a meeting conducted in accordance with Chapter 551 of the Texas Local Government Code and that no further notices, hearings, or other procedures shall be required to adopt such limited purpose annexation ordinance. 3.04 Duties during limited purpose annexation. The Parties acknowledge and agree that the limited purpose annexation of Commercial property within the District pursuant to this Agreement shall not obligate the City to provide any municipal services to such land, other than as set forth in the Related Agreements, and further agree that the Sales and Use Tax revenues derived from such land within the District may be used by the City for any lawful purpose in any geographic portion of the City, as permitted by law. -5- 964507_3