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s o~ LUl u~o w~ 15. - R ~I ~ ~. _ UJ:::E ~ ~i ;;7-: c;I)-. ~ 58 ORDINANCE NO. 2001 - 6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS APPROVING THE SALE OF A PORTION OF RIGHT-OF- WAY LOCATED IN THE 800 BLOCK OF COMANCHE STREET TO SOUTHWEST TEXAS STATE UNIVERSITY; AUTHORIZING THE CITY MANAGER TO EXECUTE A SPECIAL WARRANTY DEED; AND PROVIDING AN EFFECTIVE DATE. RECITALS: 1. On December 11, 2000, the City Council adopted a Resolution approving an agreement for the exchange of real property between the City and Southwest Texas State University. The exchange involves City-owned right-of-way in the 800 block of Comanche Street (the "City tract"), as depicted on the attached Exhibit A, that SWT wishes to acquire to provide for construction of a new ArtfTechnology/Physics facility. The City is to receive in exchange one or more tracts of SWT property near the intersection of Sessom Drive and University Drive. The agreement provides for two separate closings, since SWT is ready to proceed with their project, but additional study is needed prior to finalization of the City's project. 2. A three-reading ordinance is required under City Charter Section 3.07(c) to authorize the conveyance of the City Tract to SWT. 3. The City has complied with the requirements of Section 272.001(b)(1) of the Texas Local Government Code regarding the sale of surplus real property. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. The sale and conveyance of the City Tract to Southwest Texas State University for the appraised value of $47,000.00 is approved. SECTION 2. The City Manager, Larry D. Gilley, is authorized to execute the attached deed conveying the City Tract to Southwest Texas State University. 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 full 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 All ordinances and resolutions or parts of ordinances or resolutions in conflict with this ordinance are repealed.