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<br />I <br /> <br />I <br /> <br />~I\ <br /> <br />_J <br /> <br />~'6'D <br /> <br />LAW OFFICES <br /> <br />c. F. GIBSON (1874-1949) <br />J_P.GI6S0N <br />ROBERT W.SPENCE <br /> <br />GIBSON, SPENCE & GIBSON <br /> <br />CAPITAL NATIONAL BANK BUILDING <br /> <br />AUSTIN 16, TEXAS <br /> <br />April 8, 1957 <br /> <br />Mr. Ernest Morgan <br />Attorney at Law <br />San Marcos, Texas <br /> <br />Dear Mr. Morgan: <br /> <br />Replying to your letter of April 2nd, it is our opinion <br />that the City of San Marcos has the authority to expend <br />money derived from the sale of bonds voted for the pur- <br />chase of right-of-way, in acquiring a new site for a sew- <br />er lift station and necessary easements connected therewith, <br />as well as moving the lift station to the new location. <br /> <br />In the purchase of right-of-way for state highways, such <br />right-of-way must be furnished the State free of any <br />obstruction, and we see no difference in expending money <br />for moving an obstruction which happens to belong to the <br />City any more than moving one that belongs to a private <br />corporation. <br /> <br />The latter has been done in many instances, in the moving <br />of gas lines, electric lines, buildings, wells, etc. <br /> <br />Trusting this sufficiently answers your questions, we are, <br /> <br />Very truly yours <br /> <br />~ <br /> <br />~~~~ <br /> <br />JPG:lc <br />