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<br />J <br /> <br />'::~ f ~;~ 31 <br /> <br />,.,J, Ä ~.-: c1 <br />i: ~~ :: ~ ORDINANCE 1996- 42 <br />> ~ Cy <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN <br />MARCOS, TEXAS, AMENDING SECTION 74.087 OF THE CITY <br />CODE TO PROVIDE EXCEPTIONS TO THE REQUIREMENT THAT <br />STREETS AND ALLEYS BE ABANDONED ONLY IN WHOLE <br />SEGMENTS; INCLUDING PROCEDURAL PROVISIONS ,AND <br />PROVIDING FOR PENALTIES. <br /> <br />RECITALS: <br /> <br />1. City Code Section 74.087(a) provides that streets and alleys are to be <br />abandoned only in whole segments. <br /> <br />2. The Planning and Zoning Commission has recommended that an exception <br />to this requirement be provided for dead-end streets and alleys. <br /> <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: <br /> <br />SECTION 1. That City Code Section 74.087(a) is amended to read as follows: <br /> <br />(a) Street and alleys will be abandoned only in whole segments, except that a <br />portion of a dead-end street or alley may be abandoned if the abandonment <br />does not cause a part of the street or alley to become landlocked. <br /> <br />SECTION 2. That if any word, phrase, clause, sentence, or paragraph of this <br />ordinance is held to be unconstitutional or invalid by a court of competent jurisdiction, the <br />remaining provisions of this ordinance shall remain in effect as if the unconstitutional or <br />invalid portion had not been adopted. <br /> <br />SECTION 3. That all ordinances and 'resolutions or parts of ordinances or <br />resolutions in conflict herewith are hereby repealed. <br /> <br />SECTION 4. That any person violating any provision of this ordinance shall be <br />deemed guilty of a misdemeanor and upon conviction shall be subject to the penalty <br />provided in Section 1.015 of the San Marcos City Code. <br /> <br />SECTION 5. That this Ordinance shall be in effect ten (10) days from and after its <br />passage, and it shall be published in a newspaper of general circulation in the area as <br />required by the Charter of the City of San Marcos, Texas. <br /> <br />PASSED AND APPROVED on first reading April 22, 1996. <br /> <br />PASSED AND APPROVED on second reading May 13, 1996. <br /> <br />PASSED, APPROVED AND ADOPTED May 20, 1996. <br /> <br />I~;~~- 'Cð. ~ <br />Bil~. ~o<Jre <br />Mayor <br />Attest: . V)) Approved: <br />~V~~C~~/ ~Ö ~~ <br />fan[s K. Womack Mark B. Taylo; 0 <br />City Secretary City Attorney <br /> <br /> <br />PUBLISHED IN THE SAN MARCOS DAILY RECORD, THURSDAY, ~ffiY 23, 1996. <br />