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:E C'-J SJ-I <:::;) Clt <:::;) C'-J W 0 ~ "0 -1- .... u:~ > 0 ~ :z (/) o ~ ~ 96.1' a: ell w:iE -Jc ~ ~ ORDINANCE NO. 2002- 83 t:'Q () .~AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN () MARCOS, TEXAS, AMENDING THE CITY'S 2002-2003 BUDGET TO TRANSFER FUNDING FROM THE DAVIS LANE/AQUARENA SPRINGS DRIVE C.I.P. PROJECT TO A PARK LAND AND RECREATIONAL FACILITIES ACCOUNT; REMOVING THE PARKLAND RESTRICTION ON A PORTION OF THE OLD SEWER TREATMENT PLANT PROPERTY IN THE 1300 BLOCK OF IH-35 NORTH; AND DECLARING AN EFFECTIVE DATE. o ;:::;: :z '< 0 0 9.::j < (j)-<. ~ Q) () - :J r ""01 s: m f',.) Q)::D c::> a ^ c::> Q f',.) {II ~~." .J ",'Tt c,>>- -r @-m H~!'~ \J !: RECITALS: 1. The City's voters, in an election held on April 5, 1986, authorized the park land restriction on a portion of the old sewer treatment plant property in the 1300 block of IH-35 North to be removed, and the property converted to other use, if the proceeds are used "only to acquire more suitable parkland and/or recreational facilities". 2. The 0.35 acre portion of the old sewer treatment plant property described on the attached Exhibit A (the "Right-of-Way Tract") is needed for the construction of Davis Lane, and the Right-of-Way Tract has been appraised at $49,550. 3. In accordance with Section 8.16 of the City Charter, the City Council declares that a public necessity exists that requires an amendment to the City's 2002-2003 Budget, to transfer funding in the amount of the appraised value of the Right-of-Way Tract from the Davis Lane/Aquarena Springs Drive c.I.P. Project to a Park Land and Recreational Facilities Account, in order to satisfy the condition for removal of the parkland restriction from the Right -of- Way Tract. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. The City Budget Ordinance for the 2002-2003 Fiscal Year is amended as set forth in the attached Exhibit A, in order to transfer funding in the amount of the appraised value of the Right-of-Way Tract from the Davis Lane/Aquarena Springs Drive C.I.P. Project to a Park Land and Recreational Facilities Account. SECTION 2. These revisions and reappropriations will be incorporated into the 2002- 2003 City Budget. SECTION 3. The parkland restriction on the Right-of-Way Tract is removed effective upon completion of the funds transfer approved by this ordinance. SECTION 4. 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 5. All ordinances and resolutions or parts of ordinances or resolutions in conflict with this ordinance are repealed.