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259~ ORDINANCE NO. 2003 - 44 AN ORDINANCE OF THE CITY COUNCIL OF THE CI~Y OF SAN MARCOS, TEXAS APPROVING THE CONVEYANCE OF A TRACT OF CITY PROPERTY IN THE 500 BLOCK OF WONDER WORLD DRIVE TO THE STATE OF TEXAS FOR THE WONDER WORLD DRIVE OVERPASS PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE A DONATION DEED; AND PROVIDING AN EFFECTIVE DATE, RECITALS: 1. The Wonder World Drive Overpass project (the "Project") requires a small area of right-of-way (0.009 acre) out of the Police Department headquarters site (the narrow driveway leg that extends from the buildings to Wonder World Drive). 2. The Texas Department of Transportation has asked that the City donate this right-of-way in furtherance of the Project. 3. The Council wishes to approve the donation of the right-of-way to the State of Texas. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. The conveyance of the tract of property in the 500 Block of Wonder World Drive described in the attached Donation Deed from the City to the State of Texas is approved. SECTION 2. The City Manager, Dan O.Leary, is authorized to execute the attached Donation Deed on behalf of the City. 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 All ordinances and resolutions or parts of ordinances or resolutions in conflict with this ordinance are repealed.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 Clerk will publish notice of its adoption in a newspaper of general circulation in the City.