Ord 2013-034/Approving the interlocal agreement w/City of Kyle regarding the Mutual release of ETJ and revision of agreed ETJ boundaries

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NOW, THEREFORE, pursuant to the laws of the State of Texas, including Texas Local Government Code Sections 42.022(b), 42.022(d) and 42.023, for and in consideration of the covenants, conditions and undertakings hereinafter described, and the benefits to accrue to the cities, and subject to each and every term and condition of this Agreement, the parties contract, covenant and agree as follows: Article One Findings and Declarations Section 1.1 Fact Findings. The recitals above are adopted as findings by the governing bodies of San Marcos and Kyle, and are incorporated herein for all purposes. The governing bodies of San Marcos and Kyle have authorized and approved this Agreement. Article Two Effective Date and Nature of Agreement Section 2.1 Effective Date of Agreement. This Agreement shall become effective ninety days from the date of signature by authorized representatives of both cities. ( "Effective Date "). Section 2.2 Intent and Purpose. The intent and purpose of this Agreement is to provide for effective and efficient municipal planning and development, and the release of ETJ as set out in this Agreement. Section 2.3 Map. References in this Agreement to any geographic areas referred to the area named and shown on the Map attached hereto as Exhibit "B" are incorporated herein for all purposes. Article Three Release of ETJ Section 3.1 ETJ Mutual Release. San Marcos will release, by ordinance approving this Agreement, the portion of San Marcos ETJ identified as Tracts A and B as shown on Exhibit "B" to this Agreement. Kyle will release Tracts C, D and E as shown on Exhibit "B" to this Agreement. The mutual release of ETJ will occur upon approval of the ordinance approving this Agreement and the execution of this Agreement by both parties. Article Four General and Miscellaneous Section 4.1 Jurisdiction. This Agreement shall not be deemed to extend or increase the jurisdiction or authority of either of the Cities except as necessary to implement and give effect to this Agreement. Nothing in this Agreement shall be deemed to be applicable to, or an attempt to limit or restrict, the legal rights, authority or jurisdiction of any other governmental entity. Section 4.2 Governmental Immunity. Nothing in this Agreement shall be deemed to waive, modify or amend any legal defense available at law or in equity to either of the cities nor to # 224223 2