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0 ORDINANCE NO. 2010 -67 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS APPROVING THE ABANDONMENT OF THE ALLEYWAY OFF OF WILSON STREET BETWEEN 1133 WEST SAN ANTONIO STREET AND 117 WILSON STREET; APPROVING THE CONVEYANCE OF THIS ALLEYWAY TO THE OWNER OR OWNERS OF PROPERTY ABUTTING THE ALLWEYWAY; AUTHORIZING THE CITY MANAGER TO EXECUTE ONE OR MORE QUITCLAIM DEEDS TO SUCH ABUTTING OWNERS; AND DECLARING AN EFFECTIVE DATE. RECITALS: 1. On August 24, 2010, the City Planning and Zoning Commission conducted a public hearing on an application requesting the abandonment of an approximately 20 foot by 84 foot wide alleyway off of Wilson Street between 1133 West San Antonio Street and 117 Wilson Street, as shown in the map attached as Exhibit "A ", and voted unanimously to approve the request. 2. The City Council conducted a public hearing regarding this abandonment request on September 21, 2010. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, • TEXAS: SECTION 1. The abandonment of the alleyway off of Wilson Street between 1133 West San Antonio Street and 117 Wilson Street, as shown in the map attached as Exhibit "A ", is approved. SECTION 2. The City Manager is authorized to execute one or more quitclaim deeds conveying the property comprising the alleyway pro rata to the owner or owners of property abutting the alleyway, without cash consideration. SECTION 3. If any word, phrase, clause, sentence, or paragraph of this ordinance is held to be unconstitutional or invalid by a court of competent jurisdiction, the other provisions of this ordinance will continue in force if they can be given effect without the invalid portion. SECTION 4: All ordinances and resolutions or parts of ordinances or resolutions in conflict with this ordinance are repealed. SECTION 5. This Ordinance will take effect immediately after the date of its final passage or publication if publication is required by state law. C�