AGENDA CAPTION:
TITLE
Consider approval of Ordinance 2014-70, on second and final reading, approving a petition submitted by Metcalfe, Wolfe, Stuart & Williams, LLP on behalf of Walton Texas, LP granting the consent of the City of San Marcos, Texas, to the creation of Cotton Center Municipal Utility District No. 1 within the City's Extraterritorial Jurisdiction; approving a consent agreement; authorizing the City Manager to execute the consent agreement; and providing for an effective date.
BODY
Meeting date: November 18, 2014 - 1st Reading
December 2, 2014 - 2nd Reading
Department: Planning & Development Services
Funds Required: N/A
Account Number: N/A
Funds Available: N/A
Account Name: N/A
CITY COUNCIL GOAL:
Big Picture Infrastructure
BACKGROUND:
The applicant is requesting consent to the creation of a Municipal Utility District (MUD) within the City of San Marcos Extraterritorial Jurisdiction (ETJ). The 2,358 acre site is located in Caldwell County, east of the San Marcos Regional Airport and north of the City of Martindale ETJ.
A MUD is a type of water district called a "Special District" authorized by Article XVI, Section 59 of the Texas Constitution. A MUD is a political subdivision created by the Texas Legislature through special legislation and, once created, is governed by an elected Board of Directors. Any bonds issued by a MUD must be approved by the Texas Commission on Environmental Quality. State law requires that the creation of a MUD within a municipality's ETJ be approved by the municipality. The municipality's consent to the creation of the MUD is contained in a consent agreement that includes all of the terms agreed to by the applicant and the municipality.