Ord 2013-018/Granting the consent to the creation of LaSalle MUD

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ORDINANCE NO. 2013-18 AN ORDINANCE GRANTING THE CONSENT OF THE CITY OF SAN MARCOS, TEXAS, TO THE CREATION OF LASALLE MUNICPAL UTILITY DISTRICT NOS. 29 39 4 and 5 WITHIN THE CITY'S EXTRATERRITORIAL JURISDICITON; APPROVING A CONSENT AGREEMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONSENT AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE RECITALS: 1. The City of San Marcos ( "City ") received a Petition for Consent to the Creation of four (4) MUNICIPAL UTILITY DISTRICTS for 1,437 acres currently located in the City's extraterritorial jurisdiction, a copy of which petition is attached as Exhibit A; and 2. SECTION 54.016 OF THE TEXAS WATER CODE AND SECTION 42.042 OF THE LOCAL GOVERNMENT CODE provide that land within a municipality's extraterritorial jurisdiction may not be included within a district without the municipality's written consent; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. That the City Council of the City of San Marcos, Texas, gives its written consent to the creation of the LaSalle Municipal Utility Districts Nos. 2, 3, 4 and 5 as described in the attached petition, provided, however, that said consent is expressly subject to the conditions set forth in the Consent Agreement which is hereby approved and attached hereto as Exhibit B and incorporated herein to this Consent Ordinance. SECTION 2. The City Council approves, and the City Manager is authorized to execute the Consent Agreement. SECTION 3. If any word, phrase, clause, sentence, or paragraph of this ordinance is held to be unconstitutional or invalid by a court of competent jurisdiction, the other provisions of this ordinance will continue in force if they can be given effect without the invalid portion. SECTION 4. All ordinances and resolutions or parts of ordinances or resolutions in conflict with this ordinance are repealed. SECTION 5. This ordinance will take effect after its passage, approval and adoption on second reading. PASSED AND APPROVED on first reading on April 2, 2013. 1