CITY OF SAN MARCOS
City attempts to shut off power, Becerra files Temporary Restraining Order
A judge has temporarily blocked the city of San Marcos from shutting off utilities and taking control of the Dixie Cream property after Hays County Judge Ruben Becerra filed for emergency relief amid an escalating lease dispute. A Temporary Restraining Order was approved at Becerra’s request after the city indicated it would shut off utilities and begin taking possession of the property at 201 South LBJ Dr. if he did not vacate by April 13.
According to a letter from the city, Becerra was given until that date to vacate the premises or, beginning April 14, the city would “shut off all utilities and will begin taking the appropriate measures to secure and take possession of the building and the premises.”
The restraining order, signed by Hays County District Court Judge Sherri Tibbe, temporarily prevents the city from enforcing that notice, including shutting off utilities, taking possession of the building and interfering with Becerra’s access to the property, until at least April 23, when a hearing is scheduled to determine whether a temporary injunction should be issued.
Becerra filed for the order on April 13, the same day as the city’s deadline to vacate.
“The Court further finds that unless Defendants are immediately restrained, Plaintiff will suffer immediate and irreparable harm for which there is no adequate remedy at law,” the order states. “Such immediate and irreparable harm will result because Defendants have stated, in writing, their intent to take possession of, claim title to, and remove or demolish Plaintiff’s building during the pendency of this suit.”
The court also noted that a portion of the building is located on property not owned by the city and is “subject to an active ground lease,” raising concerns that the city’s actions could interfere with property interests beyond its control.
Dixie Cream and its location at 201 South LBJ Dr. has a unique ownership situation that has resulted in multiple public disputes between Becerra and the city of San Marcos over his years of ownership.
According to previous reporting by the Daily Record in 2018, the building that sits on the property was purchased by Becerra from Dan Anderson in 2015. The city and Union Pacific both own part of the property that the building straddles. The city and Union Pacific had a ground lease with Anderson, and in 2018, the city said it was “not able to reasonably prove” that Anderson told Becerra about the existing ground lease when he purchased the property.
At the time, the city said Becerra had not paid rent for that portion of the property, which amounted to approximately $14,000. The council later voted to waive all rent due from current and former lessees for the years 2013-2016 and accepted a partial payment from Becerra of $2,063.21, while moving toward establishing a new ground lease directly with him.
More recently, the San Marcos City Council has discussed the current lease in executive session multiple times. According to the city’s letter, the most recent lease was signed by Becerra and approved by council on March 18, 2025 but was not renewed.
“As previously stated in our letters, dated October 9, 2025, November 10, 2025, and January 21, 2026, we informed you of the City’s decision not to renew the lease and that you would need to make the necessary arrangements to vacate the premises upon the lease’s termination date of January 31, 2026,” the letter states.
A spokesperson for the city of San Marcos said that it does not have a comment to provide at this time.
Becerra did not provide comment by time of press.
