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tn if) J" C~) C) I 01 C,' ;-"'":<5: t J;c. "'~' ..:X ' ~.~. '.J...1 Z1 ~... , .-c" ,.J ",:...( l. C'"') ,. - '1 (,.'') 1-.."~U_ (J. A ~ =_'l ._-;,~ ~ ....:( , . ..a = = C"-I I I (") ~ ;:;: l> '<0 c: ~i1 0- Ci"') --4 cn-< G 10- 0'- 11l(") -r ::I, 10- g.m ~m "" ~O Q):D = o^ = ~ 0 en 3: en ORDINANCE NO. 2006 - 43 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS APPROVING AN EXCHANGE OF REAL PROPERTY BETWEEN THE CITY AND McCOY CORPORATION AND BRIAN AND WETONNAH McCOY; AUTHORIZING THE CITY MANAGER TO EXECUTE A SPECIAL WARRANTY DEED; AND PROVIDING AN EFFECTIVE DATE. RECITALS: 1. The City Council recently approved a public offer of a 14 acre, more or less, tract of City property at the intersection of North IH-35 and Davis Lane, as depicted on the attached Exhibit A (the "City Tract"), for exchange through the statutory sealed bid process. The City sought proposals for 1) a tract of land along or near IH-35 suitable for economic development purposes, and 2) a tract of land within a defined area of the City to serve as a new fire station site. 2. The Purchasing Manager received two proposals in response to the offer - One offered a tract ofland along River Road near the Blanco River as the economic development tract, and offered to let the City retain a portion of the property offered by the City as the fire station site; the second, submitted by McCoy Corporation and Brian and Wetonnah McCoy, offered a 17.688 acre tract of land adjacent to the Red Oak Village retail development now under construction at the intersection of Cottonwood Parkway and IH-35 as the economic development site, and a 7.82 acre tract ofland off of Davis Lane as the fire station site. 3. The City has complied with all applicable provisions of State law (Local Government Code 9272.001) for the exchange of real property through a sealed bid process. 4. The City Council has evaluated the two exchange offers, and wishes to approve an exchange of the City Tract for the two tracts offered by McCoy Corporation and Brian and Wetonnah McCoy. 5. By virtue ofthe approval by City voters of Proposition No. 28 at the City's AprilS, 1986 election, the City Council acknowledges that the two tracts of property being acquired by the City through this exchange may be sold and/or traded by the City, or devoted to uses other than parkland uses, but the proceeds of any such sale, trade, or change in use of the acquired property shall be used only to acquire more suitable parkland and/or recreation facilities. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. The conveyance by the City to the McCoy Corporation of the City Tract in exchange for the conveyance by McCoy Corporation and Brian and Wetonnah McCoy to the City of the 17.688 acre and 7.82 acre tracts of property depicted on the attached Exhibits B and C, respectively, is approved. This approval is conditioned on the securing by the City of an option from the McCoy