Res 2024-083 authorizing the use of the power of Eminent Domain to acquire public easements associated with the Highway 80 Merged Projects #661 and #555 as depicted in the location map attached hereto and incorporated herein for all purposes;

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RESOLUTION NO. 2024-83R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AUTHORIZING THE USE OF THE POWER OF EMINENT DOMAIN TO ACQUIRE PUBLIC EASEMENTS ASSOCIATED WITH THE HIGHWAY 80 MERGED PROJECTS #661 AND #555 AS DEPICTED IN THE LOCATION MAP ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; DETERMINING THE PUBLIC NECESSITY FOR THIS ACQUISITION TO IMPROVE WATER, WASTEWATER, RECYCLED WATER, AND PUBLIC UTILITY USE; AUTHORIZING THE CITY MANAGER, OR HER DESIGNEE, TO TAKE ALL STEPS NECESSARY TO ACQUIRE THE NEEDED INTEREST IN THE PROPERTY IN COMPLIANCE WITH ALL APPLICABLE LAWS; AUTHORIZING THE CITY ATTORNEY, OR THEIR DESIGNEE, TO INSTITUTE CONDEMNATION PROCEEDINGS AS NECESSARY TO ACQUIRE SAID PROPERTY INTERESTS TO THE EXTENT NEGOTIATIONS ARE UNSUCCESSFUL; AND DECLARING AN EFFECTIVE DATE. RECITALS: 1. The City of San Marcos, Texas ("the City") is undertaking water, wastewater, recycled water, and public utility improvements on and alongside Highway 80 ("the Project"). 2. For the public uses of the Project, that is, for water, wastewater, recycled water, and public utility uses, it is necessary and convenient for the City to acquire easements (the "Easement(s)")the area depicted in the location map attached hereto and made a part hereof for all purposes. 3. The public uses of the Project are required for the preservation of the public health, safety and welfare, and for the public convenience and necessity for the citizens of and persons in the City. 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.