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RESOLUTION NO. 2023-91R <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN <br />MARCOS, TEXAS, AUTHORIZING THE USE OF THE POWER OF <br />EMINENT DOMAIN TO ACQUIRE A 1.501 ACRE WASTWATER LINE <br />EASEMENT AS DEPICTED IN THE EXHIBIT "A" ATTACHED HERETO <br />AND INCORPORATED HEREIN FOR ALL PURPOSES; DETERMINING <br />THE PUBLIC NECESSITY FOR THIS ACQUISITION TO ADVANCE <br />AND ACHIEVE THE PUBLIC USE OF THE STAPLES ROAD <br />WASTEWATER IMPROVEMENTS PROJECT TO EXTEND PUBLIC <br />WASTEWATER LINES TO PROVIDE WASTEWATER SERVICES TO <br />THE AREA SOUTH AND EAST OF THE INTERSECTION OF STAPLES <br />ROAD AND OLD BASTROP HIGHWAY; AUTHORIZING THE CITY <br />MANAGER, OR HER DESIGNEE, TO TAKE ALL STEPS NECESSARY <br />TO ACQUIRE THE NEEDED INTEREST IN THE PROPERTY IN <br />COMPLIANCE WITH ALL APPLICABLE LAWS; AUTHORIZING THE <br />CITY ATTORNEY OR HIS DESIGNEE TO INSTITUTE <br />CONDEMNATION PROCEEDINGS AS NECESSARY TO <br />ACQUIRE SAID PROPERTY INTERESTS TO THE EXTENT <br />NEGOTIATIONS ARE UNSUCCESSFUL; AND DECLARING AN <br />EFFECTIVE DATE. <br />RECITALS: <br />1. The City is undertaking wastewater improvements in the area south and east of the <br />intersection of Staples Road and Old Bastrop Highway for the purpose of providing wastewater <br />services ("The Project"). <br />2. For the public uses of the Project, that is, for installation of wastewater lines, it is <br />necessary and convenient to acquire a 1.501 acre wastewater line easement, being more fully <br />described in Exhibit "A," attached hereto and made a part hereof for all purposes. <br />3. The public uses of the Project are required for the preservation of the public health, <br />safety and welfare, and for the public convenience and necessity for the citizens of and persons in <br />the City. <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: <br />PART 1. All of the above recitals are hereby found to be true and correct legislative <br />and factual findings of the City Council of the City of San Marcos, Texas, and they are hereby <br />approved and incorporated into this resolution. <br />PART 2. The City Council finds and determines that for the specified public uses and <br />purposes a necessity exists to construct the improvements comprising the Project and that the <br />