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ORDINANCE NO. 2013 - 34 <br />AN ORDINANCE AUTHORIZING THE RELEASE OF A PORTION OF <br />THE CITY OF SAN MARCOS EXTRATERRITORIAL JURISDICTION <br />( "ETJ "); APPROVING AN INTERLOCAL AGREEMENT BETWEEN <br />THE CITY OF SAN MARCOS AND THE CITY OF KYLE REGARDING <br />THE MUTUAL RELEASE OF ETJ AND REVISION OF AGREED ETJ <br />BOUNDARIES; AUTHORIZING THE MAYOR TO EXECUTE THE <br />NECESSARY DOCUMENTS RELATING TO AN AGREEMENT <br />BETWEEN THE CITY OF KYLE AND THE CITY OF SAN MARCOS <br />FOR THE MUTUAL RELEASE OF ETJ, THE EXPANSION OF SAN <br />MARCOS ETJ, AND REVISION OF THE AGREED SAN MARCOS- <br />KYLE ETJ BOUNDARY; ESTABLISHING A REVISED ETJ BOUNDARY <br />LINE; PROVIDING FOR A DELAYED EFFECTIVE DATE; AND <br />PROVIDING FOR SEVERABILITY. <br />RECITALS: <br />1. In 2007 the City Council of the City of San Marcos declared its population in excess of <br />50,000 in Resolution 2007 -132. Texas Local Government Code Section 42.021(a)(3) provides <br />that cities with a population of 50,000 to 99,999 have an Extraterritorial Jurisdiction ( "ETJ ") of <br />three and one -half (3 `/2) miles and; <br />2. The City Council of the City of San Marcos desires to release a portion of its ETJ and <br />execute the attached "Interlocal Cooperation Agreement for Mutual Extraterritorial Jurisdiction <br />(ETJ) Release and Revision of Agreed ETJ Boundary" ( "Agreement ") with the City of Kyle, <br />Texas; and <br />3. The City Council of the City of San Marcos desires to authorize the Mayor to execute any <br />documents necessary for the approval and implementation of the Agreement; <br />NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF <br />SAN MARCOS, TEXAS: <br />SECTION 1. Findings. All of the above premises are hereby found to be true and correct <br />legislative and factual findings of the City Council of San Marcos, and are hereby approved and <br />incorporated into the body of this Ordinance as if copied in their entirely. <br />SECTION 2. Release and Inclusion of Area in ETJ; Filing and Display. <br />1. That the City Council of the City of San Marcos hereby approves the release of a portion <br />of its ETJ in accordance with the terms and conditions of the Agreement attached hereto <br />as Exhibit "A" and incorporated herein for all purposes (hereafter "San Marcos Release <br />Area "); and <br />Ord inance _San_Marcos_Kyle_ETJ_2013 <br />