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<br />::::?,J <br />v/ <br /> <br />, I <br /> <br />San Marcos, Texas <br />August 30, 1965 <br /> <br />City Council <br />City of San Marcos <br />San Marcos, Texas <br /> <br />Gentlemen: <br /> <br />I <br /> <br />Mr. B. R. Fuller has asked that I give you an <br />opinion as to the legality of his purchase of a tract <br />of land located without the city limits. He informs <br />me that he contemplates requesting incorporation of <br />this property within the municipality, with eventual <br />subdivision for sale as homesites. <br /> <br />I <br /> <br />Any citizen, whether or not holding an official <br />capacity, is ordinarily free to arrange a land purchase <br />with the owner thereof. Thus, Mr. Fuller can accept <br />conveyance of any tract, within or without the City'S <br />limits, unless the City itself expects to purchase the <br />property. If the City does not .desire the particular <br />tract which Mr. Fuller has in mind to buy, then he is <br />free to purchase same. <br /> <br />Upon becoming the owner of said land, Mr. Fuller <br />may then petition your body to bring it within the City's <br />boundaries. If you find his petition to be in order, you <br />may then grant incorporation. And if Mr. Fuller there- <br />after wishes to subdivide his newly purchased land, and <br />meets all regulations contained within the City's <br />Subdivision Ordinance, it would then be in order to approve <br />the plan and plat of his addition. <br /> <br />All steps above-outlined would be entirely legal <br />in my oplnlon. I cannot foresee any conflict of interest <br />between Mr. Fuller's capacities as City Manager, on the one <br />hand, and private owner of real property, on the other. <br />If a conflict develops, he should immediately resolve such <br />in favor of the City. <br /> <br />Relf.e encntlfU~llY yours . IJ() <br /> <br />llU~m'Z~ <br /> <br />Albert M. Walker <br /> <br />AlVlW/acm <br />