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ORDINANCE NO. 2012 -51 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS APPROVING THE ABANDONMENT OF A 300 FOOT BY 50 FOOT, MORE OR LESS, SECTION OF DALE DRIVE BETWEEN ALLEN STREET AND FURMAN AVENUE; AUTHORIZING THE CITY MANAGER TO EXECUTE A DEED TO THE ABUTTING LOT OWNER UPON PAYMENT OF THE FAIR MARKET VALUE OF SAID ABANDONED STREET SECTION IN THE AMOUNT OF $14,900.00; AND DECLARING AN EFFECTIVE DATE. RECITALS: 1. On September 11, 2012 the City Planning and Zoning Commission conducted a public hearing on an application requesting the abandonment of a 300 foot by 50 foot, more or less, section of Dale Drive between Allen Street and Furman Avenue, as shown in Exhibit "A," and voted to recommend City Council approval of the request. 2. On October 16, 2012 the City Council directed staff to obtain an appraisal for further consideration of the request for abandonment. 3. The fair market value of the street section subject to the abandonment request, as established by an appraisal, is $14,900.00. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. The abandonment of a 300 foot by 50 foot, more or less, section of Dale Drive between Allen Street and Furman Avenue, as shown in Exhibit "A," is approved. SECTION 2. Subject to the requirements of Division 3 of Chapter 74 of the San Marcos City Code, the City Manager is authorized to execute a deed conveying the property comprising the abandoned street section to the owner of the abutting lot upon payment by such owner of the fair market value of said property to 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 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 SECTION 4: All ordinances and resolutions or parts of ordinances or resolutions in conflict with this ordinance are repealed.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 immediately after the date of its final passage. PASSED AND APPROVED on first reading on November 20, 2012.