Ord 2022-006/granting the consent of the City of San Marcos, Texas, to the creation of Hays County Municipal Utility District No. 9 and the inclusion therein of approximately 475.393 acres of land located within the City’s Extraterritorial Jurisdiciton in

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ORDINANCE NO. 2022-06 AN ORDINANCE GRANTING THE CONSENT OF THE CITY OF SAN MARCOS, TEXAS, TO THE CREATION OF HAYS COUNTY MUNICIPAL UTILITY DISTRICT NO. 9 AND THE INCLUSION THEREIN OF APPROXIMATELY 475.393 ACRES OF LAND LOCATED WITHIN THE CITY'S EXTRATERRITORIAL JURISDICITON IN THE VICINITY OF OLD BASTROP HIGHWAY BETWEEN REDWOOD ROAD AND THE SAN MARCOS RIVER; APPROVING AN ASSOCIATED CONSENT AGREEMENT WITH HK RILEY'S POINTE, LLC AND BENCHMARK ACQUISITIONS, LLC; AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S DESIGNEE, TO EXECUTE THE CONSENT AGREEMENT; PROVIDING PROCEDURAL PROVISIONS; PROVIDING FOR THE ADOPTION OF THIS ORDINANCE ON ONLY ONE READING AS AN EMERGENCY MEASURE; AND PROVIDING FOR AN EFFECTIVE DATE. RECITALS: 1. The City of San Marcos received a request for consent to the creation of Hays County Municipal Utility District No. 9 and the inclusion therein of approximately 475.393 acres of land located within the City's extraterritorial jurisdiction, as described in the Consent Agreement in Exhibit A, attached hereto and made a part hereof (the "Consent Agreement"). 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 consent to the creation of Hays County Municipal Utility District No. 9 and the inclusion therein of approximately 475.393 acres of land described in the Consent Agreement, subject to the conditions set forth in the Consent Agreement. SECTION 2. The City Council approves, and the City Manager, or the City Manager's designee, 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 All ordinances and resolutions or parts of ordinances or resolutions in conflict with this ordinance are repealed.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. The importance of this ordinance creates an emergency and an imperative public necessity, and the provisions of the Charter requiring that ordinances be presented at two separate meetings are waived, and this ordinance will take effect upon adoption with only one reading.