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ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF MOUNTAIN CITY, TEXAS;
ACCEPTING THE REQUEST OF NANCE RANCH, LP TO EXPAND
THE CITY’S EXTRA-TERRITORIAL JURISDICTION BY THE
ADDITION OF 432.93 ACRES OF REAL PROPERTY; PROVIDING A
REPEALING CLAUSE; PROVIDING A SEVERABILITY AND SAVINGS
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 42.022 (b) of the Local Government Code empowers a city to expand
beyond the distance limitations imposed by Section 42.021 to include an area contiguous to the
otherwise existing extra-territorial jurisdiction of the City upon request of the owners of the area
subject to the expansion; and
WHEREAS, the City Council has received such a request from Nance Ranch, LP; and
WHEREAS, the Real Property that is the subject to the request is not within the extra-territorial
jurisdiction of any other municipality; and
WHEREAS, the City Council finds that it is in the best interest of the City of Mountain City to
accept the request.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
MOUNTAIN CITY, TEXAS:
SECTION 1
A.
That the Request to include approximately 432.93 acres of Real Property to the
otherwise existing extra-territorial jurisdiction of the City, submitted on behalf of
Nance Ranch, LP; and attached hereto as Exhibit “A” and incorporated by
reference for all purposes, is hereby approved.
B.
That the Mayor is hereby directed to have the official map of the City’s
extraterritorial jurisdiction revise to reflect the inclusion of the 432.93 acres of
Real Property, described in the request, in the City’s extra-territorial jurisdiction;
and to take such additional measures that are reasonably necessary to fulfill the
intent of this ordinance.
SECTION 2
Severability Clause
Should any section, or part of any section, or paragraph of this ordinance be declared invalid or
unconstitutional for any reason, it shall not be held to invalidate or impair the validity, force or
effect of any other section or sections, or part of a section or paragraph of this ordinance.
SECTION 3
Savings Clause
The repeal or amendment of any ordinance or part of ordinances effectuated by the enactment of
this ordinance shall not be construed as abandoning any action now pending under or by virtue of
such ordinance or as discontinuing, abating, modifying, or altering any penalty accruing or to
accrue or as affecting any rights of the City of Mountain City under any section or provisions of
any ordinances in effect at the time of passage of this ordinance.
SECTION 4
Cumulative
The provisions of this ordinance shall be cumulative of all ordinances not repealed by this
ordinance and ordinances governing or regulating the same subject matter as that covered herein.
This ordinance shall not be construed to require or allow any act which is prohibited by any other
ordinance.
SECTION 5
Proper Notice and Meeting
It is hereby officially found and determined that the meeting at which this Ordinance was passed
was open to the public and that public notice of the time, place, and purpose of said meeting was
given as required by the Open Meetings Act, Chapter 551 of the Texas Government Code.
Notice was also provided as required by Chapter 52 of the Texas Local Government Code.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF MOUNTAIN
CITY, TEXAS, ON THIS ______ DAY OF _________ 201___.
CITY OF MOUNTAIN CITY, TEXAS
By:
Tiffany Curnutt, Mayor
ATTEST:
Ellis Craig, City Secretary
APPROVED AS TO FORM:
City Attorney's Office
EXHIBIT “A”
REQUEST FOR INCLUSION OF PROPERTY IN
EXTRA-TERRITORIAL JURISDICTION
REQUEST FOR INCLUSION OF PROPERTY IN
EXTRA-TERRITORIAL JURISDICTION
THE STATE OF TEXAS
COUNTY OF HAYS
§
§
§
TO THE HONORABLE MAYOR AND CITY COUNCIL:
1.
This is a request that the City of Mountain City, Texas, expand its extra-territorial
jurisdiction beyond the distance limitations set out in Texas Local Government Code
Chapter 42, by including the Real Property more particularly described on Exhibit “A”,
attached hereto and incorporated by reference for all purposes.
2.
This request is made by David Wieland, an authorized agent for and on behalf or Nance
Ranch, LP., (hereinafter, “Requestor”).
3.
This request is made pursuant to Texas Local Government Code Section 42.022(b).
4.
Requestor has entered into a Purchase Sale Agreement to sell the property to Mountain
City 150, LP who plans a residential real estate development on this Property. Clark
Wilson is General Partner of Mountain City 150, LP.
5.
The Real Property that is the subject of this request is approximately 432.93 acres,
located in Hays County and contiguous to the otherwise existing extra-territorial
jurisdiction of Mountain City, Texas.
Respectfully submitted,
NANCE RANCH, LP
By:
DAVID WIELAND General Partner
THE STATE OF TEXAS
COUNTY OF BEXAR
§
§
§
SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this the _______
day of __________________, 201___, by DAVID WIELAND, acting herein as General Partner
of NANCE RANCH, LP., a Texas corporation.
NOTARY PUBLIC, STATE OF TEXAS
My commission expires:
EXHIBIT “A”
LEGAL DESCRIPTION OF REAL PROPERTY
Outside ETJ:
432.93 AC
Mountain City ETJ
Inside ETJ:
166.32 AC
Mountain
City Limits
Misenheimer
73.69 AC
Kyle ETJ
Texas
Engineering
Solutions
OWNER/DEVELOPER
Nance
Ranch
Mountain City
Annexation
Exhibit