Ord 2013-076/Authorizing the partial release of area from San Marcos ETJ to the City of Uhland in exchange for the City of Uhland's partial release of area from Uhland's ETJ to the COSM establishing of an agreed San Marcos-Uhland ETJ boundary

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ORDINANCE NO. 2013 - 76 AN ORDINANCE AUTHORIZING THE PARTIAL RELEASE OF AREA FROM THE SAN MARCOS EXTRATERRITORIAL JURISDICTION ("ETJ") TO THE CITY OF UHLAND IN EXCHANGE FOR THE CITY OF UHLAND'S PARTIAL RELEASE OF AREA FROM UHLAND'S ETJ TO THE CITY OF SAN MARCOS; ESTABLISHING AGREED ETJ BOUNDARIES WITH THE CITY OF UHLAND, TEXAS; AUTHORIZING THE EXPANSION OF SAN MARCOS' ETJ, AND ESTABLISHMENT OF AN AGREED SAN MARCOS- UHLAND ETJ BOUNDARY; ESTABLISHING A REVISED ETJ BOUNDARY LINE FOR SAN MARCOS; AUTHORIZING THE MAYOR TO EXECUTE ANY AND ALL DOCUMENTS FOR APPROVAL AND IMPLEMENTATION OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR SEVERABILITY. FILED this —alt day of fVJ _20 JS /0: D3 A M CAROL HOLCOMB - COUNTY CLVLDWELL COUNTY, TEXAS RECITALS: By Deputy 1. In 2007 the City Council of the City of San Marcos declared its population in excess of 50,000 in Resolution 2007 -132. TEXAS LOCAL GOVERNMENT CODE SECTION 42.021(A)(3) provides that cities with a population of 50,000 to 99,999 have an Extraterritorial Jurisdiction ( "ETJ") of three and one -half (3 I /z) miles and 2. The City of Uhland desires to release from its ETJ approximately 201.1 S acres south of Misty Road and east of Hwy 21 described in Exhibit "A" attached hereto and incorporated herein for all purposes that may be included in San Marcos' ETJ; and 3. The City of San Marcos desires to release from its ETJ approximately 1,714.4 acres on the east side of State Hwy 21 adjacent to the intersection of Misty Road more particularly described in Exhibit " B�, attached hereto and incorporated herein for all purposes that may be included in Uhland's ETJ, 4. The City Council of the City of San Marcos desires to release a portion of its ETJ to the City of Uhland in exchange for the City of Uhland's release of a portion of its ETJ to San Marcos and to establish an "Agreed ETJ Boundary" with the City of Uhland, Texas; and 5. Agreements regarding areas adjacent to the cities' respective extraterritorial jurisdiction will assist and enhance the planning for development and capital improvement programs and services. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. Findings. All of the above premises are hereby found to be true and correct legislative and factual findings of the City Council of San Marcos, and are hereby approved and incorporated into the body of this Ordinance as if copied in their entirety. SECTION 2. Release and Inclusion of Area in ETJ, Filing alld Display'. That the City Council of the City of San Marcos hereby approves the release of a portion of its ETJ (hereafter "San Marcos Release Area ") as described in Exhibit "B" attached hereto and incorporated herein; and