ETJ up for discussion at council meeting

The San Marcos City Council is set to discuss its extra-territorial boundary with Martindale and possible payments made to the neighboring city on Tuesday. 

The council will consider possible action on an agreement which, “specifies areas to released by each city from its previously claimed (extra-territorial jurisdiction) and provides for payments to be made by the City of San Marcos to Martindale over the next 30 years from tax revenues derived from 161 acres of land within the (San Marcos Air, Rail and Truck). terminal project that Martindale is releasing from its ETJ under this agreement to allow annexation by San Marcos.” 

The agreement will discuss ETJ matters regarding a 1983 disagreement, where Martindale expanded its ETJ to include an Ohnheiser Property. The City of San Marcos disputed that Martindale’s ETJ shouldn’t include the Ohnheiser Property, while Martindale disputed San Marcos’ assertions. According to the agreement, “San Marcos states, represents, and agrees that the 1983 resolution is valid, and that San Marcos has no legitimate basis to challenge the same.” San Marcos will also discharge Martindale from any and all claims to the Ohnheiser Property. 

The agreement also discusses a 2007 ETJ dispute, where the City of San Marcos declared it had at least 50,000 inhabitants and purportedly established a 3.5-mile ETJ beyond its municipal boundaries in a passed ordinance — 2007-132R (“R132”). Martindale disputed the validity of San Marcos’ ETJ, while San Marcos disputed the assertion. According to the agreement, Martindale would agree that R132 is valid and that Martindale has no legitimate basis to challenge the same. 

Additionally, San Marcos would begin making payments to Martindale of 30% of the annual tax revenue it collects on released property, beginning in 2021 and ending in 2051.

In other business, the council will discuss and take possible action on the appointment of the Law Firm of Davidson Troilo Ream & Garza, PC as special counsel to advise the city’s Ethics Review Commission as it considers Ethics Complaint No. 2019-2. 

Ethics Complaint No. 2019-2 discusses a complaint made by Phil Hutchinson alleging misconduct from a tweet from councilmember Joca Marquez. Her tweet read: “All the developers seeking to make big profits in SM for ‘affordable housing’ all have the same look: White, male, tall, wear blue blazers, money hungry, and emotionless…AND It feels damn good to vote against their proposed development.”

The council will also consider taking action, on the first of two reading, to amend the city’s official zoning map by rezoning approximately 4.96 acres out of the Cyrus Wickson Survey, Abstract No. 474, Hays County — located near the western corner of South Old Bastrop Highway and Rattler Road — from Future Development District to “CD-5” Character District 5. 

The council will consider approving Resolution 2020-15R, which approves an agreement for the “provision of services in connection with the proposed owner requested annexation of approximately 56.923 acres of land generally located west of the intersection of Old Ranch Road 12 and Wonder World Drive; authorizing the city manager, or his designee, to execute said agreement on behalf of the city; setting a date for a public hearing concerning the proposed annexation of said tract of land.” 

Tuesday’s meeting begins at 6 p.m. inside City Hall  — 630 E. Hopkins St.