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I I I ORDINANCE NO. 1978-40 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, FORMALLY ABANDONING A PORTION OF THE DEDICATED STREETS AND PUBLIC RIGHT-OF-WAY IN THAT TRACT KNOWN AS WINDMILL ADDITION FOR THE EXPRESS PURPOSE OF FACILITATING THE RE- DESIGN, REPLAT AND REDEDICATION OF ALTERNATE STREETS AND PUBLIC RIGHTS OF WAY WITHIN SAID PORTION OF SAID ADDITION~ ESTABLISHING AN EFFECTIVE DATE~ AND DE- CLARING AN EMERGENCY. WHEREAS, Dr. J. R. Koos, owner of the tract known as Windmill Addition, a subdivision of record in Volume 1, page 237 of the Hays County plat records, desires to redesign a portion of said addition to include in part dedicating altered streets and public right-of-way based on the new design; and, WHEREAS, the City Council of the City of San Marcos is willing I to formally abandon a portion of presently dedicated streets and public right-of-way on the condition that, following redesign, alternate streets and public right-of-way be dedicated to public use and a replat filed of record~ and, WHEREAS, approval of a preliminary plat depicting the redesign I of the Windmill Addition was granted on June 6, 1978, by the Planning and Zoning conunission, as shown in "Exhibit B", which is attached hereto and incorporated herein for all intents and purposes; and, WHEREAS, final approval and recordation of said plat cannot be accomplished until and after formal action by the City Council to aoandon that portion of the dedicated streets and pUblic right- of-way depicted in "Exhibit A", which is attached hereto and for all intents and purposes incorporated herein; said portion to be altered to appear as shown in "Exhibit B"; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: PART 1. That 50 much of the dedicated streets and pUblic right-of-way depicted in "Exhibit A", be, and are hereby, abandonedl by the City of San Marcos so as to permit a redesign of a portion of the Windmill Addition and a replat and new recordation of said redesign based upon that design depicted in "Exhibit B". PART 2. That this abandonment is expressly conditioned upon the completion of said redesign, replat and new recordation within a reasonable period of time and upon the failure of said condition to occur, then the abandonment as set out herein shall be null and void. PART 3. That the importance of this ordinance creates an emergency and an imperative purpose necessary that the provisions of the Charter requiring all ordinances to be read at three separate meetings and that no ordinance shall become effective until after the expiration of 10 days following the date of its final passage, be, and is hereby, suspended and this ordinance shall take effect and be in full force and effect inunediately from and after its adoption. ADOPTED this 21st day of AUClst, 1978, . ~M,c~ Mayor ATTEST: "_ ~ M~4~ Doriss Hambrick APPROVED: Barbara Jean Edwards rity Attorney ......: .....-- C"O"-::l.....~-'r