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10. ORDINANCE NO. 2001 - ~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS APPROVING THE RELEASE OF CITY EASEMENTS LOCATED ON REAL PROPERTY OWNED BY W.C. CARSON IN THE 100 BLOCK OF EAST CONCHO STREET; AUTHORIZING THE CITY MANAGER TO EXECUTE A RELEASE AND QUITCLAIM DEED; AND PROVIDING AN EFFECTIVE DATE. RECITALS: 1. W.C. Carson has requested that the City release two electrical easements (the Easements") within property owned by him located in the 100 Block of East Concho Street (the "Property") . 2. The Electric Utility Department staff has approved the release of the Easements. 3. Tex. Loc. Gov't Code 9272.001(b) authorizes the City to convey easements in circumstances such as this for less than their fair market value when the conveyance is to an abutting property owner who owns the underlying fee simple property rights. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. The attached Release of Easements is approved, subject to cessation of current uses on the property requiring electrical service. SECTION 2. The City Manager, Larry D. Gilley, is authorized to execute the attached Release of Easements on behalf of the City, conveying the Easements to W.C. Carson for no 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 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 All ordinances and resolutions or parts of ordinances or resolutions in conflict with this ordinance are repealed. SECTION 5. This Ordinance will take effect 10 days after the date of its final passage, and the City Secretary will publish notice of its adoption in a newspaper of general circulation in the City. PASSED AND APPROVED on first reading April 23, 2001.