Ord 2006-036 - Laserfiche WebLink

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Sec. 1.01. Establishment and purposes of charter. I We the people of San Marcos, do ordain and establish this Charter as the foundation of our municipal government, a home-rule city with the name "City of San Marcos". We further ordain that the City of San Marcos will exist for the purposes enumerated in this Charter, and will have the organizational structure described in this Charter, and will have the powers, duties, limitations, and immunities stated in this Charter. MEASURE NO.2 SHALL SECTION 2.02 OF THE CITY CHARTER, REGARDING EMINENT DOMAIN, BE AMENDED TO READ AS FOLLOWS: Sec. 2.02. Eminent domain" (a) The city shall have the full power and right to exercise the power of eminent domain when necessary or desirable to carry out any of the powers conferred upon it by this Charter or by the constitution and laws of the State of Texas. The city may exercise the power of eminent domain in any manner authorized or permitted by the constitution and laws of this state, subject to the right of the owner of the property taken to adequate compensation, and subject to the provisions of this section. The power of eminent domain shall include the right of I the city to take the fee in land so condemned, and the right to condemn public property for municipal or public purposes. The city shall have and possess the power of eminent domain for any municipal or public purposes, subject to the provisions of this section. (b) However, the city shall not use the power of eminent domain to acquire property for transfer, or for lease in substantial part, to a private third party for the purpose of economic development. The term "economic development" means any activity to increase tax revenue, tax base, employment, or the general economic health of the City, when that activity does not result in (1) the transfer of land to public ownership, such as for a road, public utility facility, or municipal building; (2) the transfer of land to a private entity that is a common carrier, such as a utility provider; or (3) the transfer of property to a private entity to remove a harmful use of the land, such as the removal of public nuisances, removal of structures that are beyond repair or that are unfit for human habitation or use, or the acquisition or transfer of abandoned property. MEASURE NO.3 SHALL SECTION 3.01(c) OF THE CITY CHARTER, REGARDING THE TERM OF OFFICE OF THE MAYOR, BE AMENDED TO READ AS FOLLOWS: (c) Each council member for places 1, 2, 3, 4, 5 and 6 shall hold office for a I Election 2006 - Final 2