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RESOLUTION NO. 2024-85R <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 DRAINAGE EASEMENTS <br /> ASSOCIATED WITH THE RIVER RIDGE DRAINAGE IMPROVEMENTS <br /> PROJECT AS DEPICTED IN THE LOCATION MAP ATTACHED <br /> HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; <br /> DETERMINING THE PUBLIC NECESSITY FOR THIS ACQUISITION <br /> TO IMPROVE THE DRAINAGE IN THE AREA SHOWN ON THE MAP; <br /> AUTHORIZING THE CITY MANAGER, OR HER DESIGNEE, TO TAKE <br /> ALL STEPS NECESSARY TO ACQUIRE THE NEEDED INTEREST IN <br /> THE PROPERTY IN COMPLIANCE WITH ALL APPLICABLE LAWS; <br /> AUTHORIZING THE CITY ATTORNEY, OR THEIR DESIGNEE, TO <br /> INSTITUTE 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 of San Marcos, Texas ("the City") is undertaking public drainage <br /> improvements on and alongside River Ridge("the Project"). <br /> 2. For the public uses of the Project, that is, for drainage uses, it is necessary and <br /> convenient for the City to acquire easements (the"Easement(s))in the area depicted in the location <br /> 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 det'en-nines that, for purposes of the <br /> Project,it is necessary and convenient to acquire the Easements in the area shown in the attachment <br />