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<br />-S:) <n <br />~ ~ >- 8 47 <br />CL..J ~ ~ æ <br />hI g - Lt.l:S <br />!III.ö ë:3 "-- a::: <br />- c..;)S <br />U8 c: ~ð3 <br />;;1~ ê ~:; ORDINANCE 1996 - 57 <br />-, ~ <3 ~ <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN <br />MARCOS, TEXAS APPROVING THE ABANDONMENT OF THE <br />ALLEYWAY CONNECTING THE 1400 BLOCKS OF FURMAN AVENUE <br />AND ALLEN STREET (UNOPENED); AUTHORIZING THE CITY MANAGER <br />TO EXECUTE DEEDS TO ABUTTING PROPERTY OWNERS; AND <br />DECLARING AN EMERGENCY. ' <br />! <br />RECITALS: <br /> <br />1. On June 11, 1996, the City Planning and Zoning Commission conducted a <br />public hearing on the proposed abandonment of the alley connecting the 1400 blocks of <br />Furman Avenue and Allen Street (unopened) and adjacent to Lots 169-174 and Lots 219- <br />224 of the Z. Williamson Third Addition and unanimously recommended approval of the <br />proposed abandonment. <br /> <br />2. The City has complied with the requirements of Section 272.001 of the Texas <br />Local Government Code regarding the disposition of property by a municipality, and the <br />requirements of City Code Chapter 74, Article 2, Division 3 regarding abandonment of <br />alleyways. <br />. <br />3. Local Government Code Section 272.001 permits the City to convey an alley <br />such as this to the abutting owners who own the underlying fee simple interest for less <br />than the fair market value of the alley, and City Code, Chapter 74, Article 2, Division 3 <br />provides for the abandonment of alleys without the obtaining of an appraisal or the <br />payment of cash consideration by the abutting property owners. <br /> <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: <br /> <br />SECTION 1. The abandonment of the alley connecting the 1400 blocks of Furman <br />Avenue and Allen Street (Unopened) and adjaéent to Lots 169-174 and Lots 219-224 of <br />the Z. Williamson Third Addition is approved. <br /> <br />SECTION 2. The City Manager, Larry D. Gilley, is authorized to execute Quitclaim <br />Deeds for the alley described above to the abutting property owners without payment of <br />cash consideration to the City, subject to the reservation of a public utility easement <br />covering the entire property. <br /> <br />SECTION 3. The importance of this Ordinance creates an emergency and an <br />imperative public necessity, and the provisions of the Charter requiring that ordinances <br />be presented at three separate meetings, and that ordinances do not take effect until ten <br />(10) days after the date of final passage are suspended, and this Ordinance will take <br />effect upon publication of notice of its adoption in a newspaper of general circulation in the <br />City. <br /> <br />PASSED, APPROVED AND ADOPTED this 12thdayof Auqust ,1996. <br /> <br /> <br />i ~~ ~. ~ <br /> <br />Billy G. Moore <br />; Mayor <br /> <br /> <br />AttLst~1j,~ tß, <br /> <br />J~K. Womack MarkB. Taylor ~ <br />City Secretary City Attorney <br /> <br />PUBLISHED IN THE SAN MARCOS DAILY RECORD1 THURSDAY, AUGUST IS, 1996. <br />