The San Marcos City Council will hold a special meeting on Thursday, Oct. 29.
Council members will consider approving the terms of a settlement agreement to resolve all claims in the pending litigation styled-The Mayan at San Marcos River, LLC, and the City of Martindale Texas v. City of San Marcos.
According to the agenda, the City of San Marcos annexed 563.767 acres of land (the Mayan Tract) located in Hays and Guadalupe Counties and a 13.069-acre tract which connected it to the then existing corporate limits of the city.
Prior to the adoption of Ordinance No. 2008-16, the City of Martindale released a portion of the Mayan Tract from its ETJ so it could be annexed in its entirety by San Marcos.
The Agenda states that in 2018, the Mayan at San Marcos River, LLC acquired the 563.767-acre tract from the prior owners in 2014 and filed a suit in April 2018 in the District Court of Guadalupe County asking the court to enter a final judgment that would, among other things, declare the annexation of the property to be invalid.
The City of Martindale intervened in the litigation also seeking to invalidate the annexation and recover attorney’s fees.
The trial court dismissed the claims seeking invalidation of Ordinance No. 2008-16 but left certain claims regarding the annexation service plan pending.
An appeal in the Fourth Court of the Appeals filed by the City of Martindale and The Mayan at San Marcos River, LLC is currently pending and temporarily abated to allow for settlement negotiations.
Under the terms of the settlement, the appeal will be dismissed and a final judgment will be entered in the trial court to validate the annexation and dismiss all other pending claims including claims for attorney’s fees.
Approval of the settlement and Public Improvement District are the final items needing Council’s approval to complete the settlement terms.
The special meeting will also include a public hearing to receive comments for or against the creation of the River Bridge Ranch Public Improvement District.
The special meeting is slated to held virtual at 4:00 PM Thursday. No Public Comments are available for the meeting.
Those wishing to speak during the public hearing must sign up by 12:00 PM on the day of the meeting by emailing their comments or request to email@example.com.