11091970 Regular Meeting - Laserfiche WebLink

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I I I . . HENRY G, KYLE AWERT M.WALKER H.C.KYLE,Ul KYLE, WALKER AND KYLE ATTORNEYS AT LAw EAST SIDE OF COURTHQTJSE SOUARl!: SAN MARCOS, TEXAS 78666 AG 512 EXZ""3306 October 7, 1970 Mr. Richard Bean City Manager City of San Marcos San Marcos, Texas. Dear Mr. Bean: You have informed me that the Texas Museum of History, Incorporated, of this city, has requested that the City provide a site for a museum upon land which the City will acquire through the Urban Renewal program. You have asked me to determine the legal ramifications involv- ed in acceding to this request. First of all, an examination of Section 11 (a) of Texas Civim Statutes Article l269L-3 (the Urban Renewal La,w) develops the right of the City to "sell, lease, or otherwise transfer real property acquired by it in an urban renewal area for residential, recreational, commercial, in- dustrial or other uses or for public use, in accordance with the urban renewal plan"; Ne~t, Article 1269j-4.1 of the Texas Civil Statutes specifically authorizes the City to "establish, pur- chase, construct, operate or maintain (any or all) public improvements such as civic centers, auditoriums, opera houses, music hall, coliseums, museums, libraries or other city buildings---". From a combination of the portions of the above- quoted statutes, it would seem to be certain that the City could erect a museum upon land acquired through the Urban Renewal program. But, it is also necessary toLbear in mind Section 3.07 of the City of San Marcos Charter which reads as follows: "The Council shall not: (a) Sell, convey, lease, mortgage, or otherwise alienate any land which is now, or shall hereafter be dedicated for park purposes, unless the qualified voters of the City shall authorize such act by adepting in a general or special election a proposition submitting the question and setting forth the terms and aonditions under which such sale, conveyance, lease, mortgage or other alienation is to be made."