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ORDINANCE NO. 2003 - 20 <br /> <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN <br />MARCOS, TEXAS APPROVING THE RELEASE OF A UTILITY EASEMENT <br />IN THE FORMER PECAN STREET RIGHT-OF-WAY BETWEEN SESSOM <br />DRIVE AND LIVE OAK STREET TO SOUTHWEST TEXAS STATE <br />UNIVERSITY; AUTHORIZING THE CITY MANAGER TO EXECUTE A <br />RELEASE; AND PROVIDING AN EFFECTIVE DATE. <br /> <br />RECITALS: <br /> <br /> 1. In February, 1996, the City of San Marcos deeded a section of the Pecan <br />Street right-of-way between Sessom Drive and Live Oak Street to Southwest Texas State <br />University, retaining a Public Utility Easement in the property. <br /> <br /> 2. Southwest Texas State University owns all of the property on both sides of <br />the easement, and has requested that the City release the easement. <br /> <br /> 3. The City staff has reviewed the request and has approved of the release of the <br />easement. <br /> <br /> BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: <br /> <br />SECTION 1. The attached Release of Easement is approved. <br /> <br /> SECTION 2. The City Manager, Dan O.Leary, is authorized to execute the attached <br />Release of Easement on behalf of the City. <br /> <br /> SECTION 3. If any word, phrase, clause, sentence, or paragraph of this ordinance <br />is held to be unconstitutional or invalid by a court of competent jurisdiction, the other <br />provisions of this ordinance will continue in full force if they can be given effect without the <br />invalid portion. <br /> <br /> SECTION 4. All ordinances and resolutions or parts of ordinances or resolutions <br />in conflict with this ordinance are repealed. <br /> <br /> SECTION 5. This Ordinance will take effect 10 days after the date of its final <br />passage, and the City Clerk will publish notice of its adoption in a newspaper of general <br />circulation in the City. <br /> <br /> <br />