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Res 2024-084 authorizing the use of the power of Eminent Domain to acquire public utility easements associated with the Linda Drive Improvements Project as depicted in the location map attached hereto and incorporated herein for all purposes
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Res 2024-084 authorizing the use of the power of Eminent Domain to acquire public utility easements associated with the Linda Drive Improvements Project as depicted in the location map attached hereto and incorporated herein for all purposes
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5/29/2024 4:36:14 PM
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City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2024-84
Date
5/21/2024
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Project, it is necessary and convenient to acquire the Easements. <br /> PART 4. The City Manager or her designee is hereby authorized to do each and every <br /> lawful act necessary to acquire the needed Easements,to establish the amount of just compensation <br /> to be paid for the acquisition of the Easements based upon an independent appraisal, to negotiate <br /> for the acquisition of the Easements, to give notices, to make written offers to purchase, to enter <br /> into contracts, to retain appraisers, other experts or consultants deemed necessary for the <br /> acquisition process and, if necessary, to ask the City Attorney, or their designee, to institute and <br /> prosecute to conclusion proceedings in eminent domain to acquire the Easements, and to take all <br /> other lawful action necessary and incidental to such eminent domain proceedings. <br /> PART 5. All lawful acts and proceedings done or initiated by the City Manager and <br /> the City Attorney,or their respective designees,and the employees,agents,experts and consultants <br /> of the City for the acquisition of the real property interests in the Property needed in connection <br /> with the Project are hereby authorized, ratified, approved, confirmed, and validated and declared <br /> to be valid in all respects as of the respective dates thereof. <br /> PART 6. If any portion of this Resolution, or the application of same to any person <br /> or set of circumstances is for any reason held unconstitutional, void or invalid, the validity of the <br /> remaining portions of this Resolution shall not be affected thereby, it being the intent of the City <br /> Council of the City of San Marcos, Texas in adopting this Resolution that no portion thereof, or <br /> provisions or regulation contained herein shall become inoperative or fail by reason of any <br /> unconstitutionality or invalidity of any other portion hereof and all provisions of this Resolution <br /> are declared to be severable for that purpose. <br /> PART 7. This resolution shall become effective from and after its passage. <br /> ADOPTED on May 21, 2024. <br /> hso <br /> Mayor <br /> Attest: <br /> e",-2 <br /> Elizabeth Trevino <br /> City Clerk <br />
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