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<br />Council on August 2, 2006. <br /> <br />I <br /> <br />6. The City has obtained an appraisal indicating that the value of the 5.916, more or less, acre <br />tract of property being obtained by the City from JQH through this exchange (depicted on the <br />attached Exhibit A) is equal to or greater than the value ofthe 5.0 acre, more or less, tract of property <br />being conveyed by the City to JQH (depicted on the attached Exhibit B). <br /> <br />7. The City Council, in connection with this property exchange, also wishes to approve a <br />Fourth Modification to the Chapter 380 Agreement to adjust various provisions of that agreement in <br />light of the property exchange. <br /> <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: <br /> <br />SECTION 1. The conveyance by the City to JQH of the 5.0 acre, more or less, tract of <br />property depicted on the attached Exhibit B in exchange for the conveyance by JQH to the City of <br />the 5.916 acre, more or less, tract of property depicted on the attached Exhibit A is approved. <br /> <br />SECTION 2. The City Manager, Dan O'Leary, is authorized to execute the attached Special <br />Warranty Deed conveying to JQH the 5.0 acre, more or less, tract of property depicted on the <br />attached Exhibit B, together with all other documents necessary to effectuate the exchange of <br />properties described in this Ordinance. <br /> <br />SECTION 3. The City Council approves the Fourth Modification to the Chapter 380 I <br />Agreement, in substantially the form attached to this Ordinance, and the City Council authorizes the <br />City Manager, Dan O'Leary, and the City's attorneys, Mark Taylor and Pete Broderick, to negotiate <br />the final form of the modification and related documents, and the City Manager, Dan O'Leary, is <br />authorized to execute the final modification and related documents on behalf ofthe City. <br /> <br />SECTION 4. If any word, phrase, clause, sentence, or paragraph of this ordinance is held to <br />be unconstitutional or invalid by a court of competent jurisdiction, the other provisions of this <br />ordinance will continue in full force if they can be given effect without the invalid portion. <br /> <br />SECTION 5. All ordinances and resolutions or parts of ordinances or resolutions in conflict <br />with this ordinance are repealed. <br /> <br />SECTION 6. This Ordinance will take effect 10 days after the date of its final passage, and <br />the City Clerk will publish notice of its adoption in a newspaper of general circulation in the City. <br /> <br />PASSED AND APPROVED on first reading August 15, 2006. <br /> <br />PASSED AND APPROVED on second reading September 5, 2006. <br /> <br />PASSED, APPROVED AND ADOPTED September 19, 2006. <br /> <br />I <br />