Res 2020-172/authorizing the use of the Power of Eminent Domain to acquire fee simple title to 0.1454 acres of land out of the J.M Veramendi Survey No. 1, Abstract No. 17, Hays County, Texas, such parcel being at the Southeast Corner of River Road and We

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BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: PART 1. All of the above recitals are hereby found to be true and correct legislative and factual findings of the City Council of the City of San Marcos, Texas, and they are hereby approved and incorporated into this resolution. PART 2. The City Council finds and determines that for the specified public uses and purposes a necessity exists to construct the improvements comprising the Project and that the Project is required for the preservation of the public health, safety and welfare and the public convenience and necessity for the citizens of and persons travelling through the City. PART 3. The City Council further finds and determines that, for purposes of the Project, it is necessary and convenient to acquire fee simple interest in the Property. PART 4. The City Manager or his designee is hereby authorized to do each and every lawful act necessary to acquire the needed interests in the Property. The City Manager or his designee and retained attorneys are further specifically authorized to establish the amount of just compensation to be paid for the acquisition of the Property based upon an independent appraisal, to negotiate for the acquisition of the Property, to give notices, to make written offers to purchase, to enter into contracts, to retain appraisers, other experts or consultants deemed necessary for the acquisition process and, if necessary, to institute and prosecute to conclusion proceedings in eminent domain to acquire fee title to the Property, and to take all other lawful action necessary and incidental to such eminent domain proceedings. PART 5. All lawful acts and proceedings done or initiated by the City Manager and the City Attorney, or their respective designees, and the employees, agents, experts and consultants of the City for the acquisition of the real property interests in the Property needed in connection with the Project are hereby authorized, ratified, approved, confirmed, and validated and declared to be valid in all respects as of the respective dates thereof. PART 6. If any portion of this Resolution, or the application of same to any person or set of circumstances is for any reason held unconstitutional, void or invalid, the validity of the remaining portions of this Resolution shall not be affected thereby, it being the intent of the City Council of the City of San Marcos, Texas in adopting this Resolution that no portion thereof, or provisions or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality or invalidity of any other portion hereof and all provisions of this Resolution are declared to be severable for that purpose. PART 7. This resolution shall become effective from and after its passage. ADOPTED on August 18, 2020.