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PART 3. The City Council further finds and determines that, for purposes of the <br /> 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 Easements needed in connection with the Project are hereby <br /> authorized, ratified, approved, confirmed, and validated and declared to be valid in all respects as <br /> 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 /> Mayor <br /> Attest: <br /> Elizabeth Trevino <br /> City Clerk <br />