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RESOLUTION NO. 2024-84R <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 PUBLIC UTILITY EASEMENTS <br /> ASSOCIATED WITH THE LINDA DRIVE IMPROVEMENTS PROJECT <br /> AS DEPICTED IN THE LOCATION MAP ATTACHED HERETO AND <br /> INCORPORATED HEREIN FOR ALL PURPOSES; DETERMINING THE <br /> PUBLIC NECESSITY FOR THIS ACQUISITION TO ADVANCE AND <br /> ACHIEVE THE PUBLIC USE OF LINDA DRIVE BETWEEN SHERBARB <br /> STREET AND BUGG LANE; AUTHORIZING THE CITY MANAGER,OR <br /> HER DESIGNEE, TO TAKE ALL STEPS NECESSARY TO ACQUIRE <br /> THE NEEDED INTEREST IN THE PROPERTY IN COMPLIANCE WITH <br /> ALL APPLICABLE LAWS; AUTHORIZING THE CITY ATTORNEY, OR <br /> THEIR DESIGNEE, TO INSTITUTE CONDEMNATION PROCEEDINGS <br /> AS NECESSARY TO ACQUIRE SAID PROPERTY INTERESTS TO THE <br /> EXTENT NEGOTIATIONS ARE UNSUCCESSFUL; AND DECLARING <br /> AN EFFECTIVE DATE. <br /> RECITALS: <br /> 1. The City of San Marcos, Texas ("the City") is undertaking public utility <br /> improvements on Linda Drive in the area between Sherbarb Street and Bugg Lane("the Project"). <br /> 2. For the public uses of the Project, that is, for road, utility, and drainage uses, it is <br /> necessary and convenient for the City to acquire the public utility easements (the "Easement(s)") <br /> in the area depicted in the location map 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 /> Project is required for the preservation of the public health, safety and welfare and the public <br /> convenience and necessity for the citizens of and persons travelling through the City. <br /> PART 3. The City Council further finds and determines that, for purposes of the <br />