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hereto. <br /> PART 4. The City Manager, or her designee, is hereby authorized to do each and <br /> every lawful act necessary to acquire the needed easement interests,to establish the amount of just <br /> compensation to be paid for the acquisition of the Easements based upon an independent appraisal, <br /> to negotiate for the acquisition of the Easements, to give notices, to make written offers to <br /> purchase, to enter into contracts, to retain appraisers, other experts or consultants deemed <br /> necessary for the acquisition process and, if necessary,to ask the City Attorney, or their designee, <br /> to institute and prosecute to conclusion proceedings in eminent domain to acquire the Easements, <br /> and to take all 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 needed in connection with the Project <br /> are hereby authorized, ratified, approved, confirmed, and validated and declared to be valid in all <br /> 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 /> 4PN-1- hs� <br /> ane Hughson <br /> Mayor <br /> Attest: <br /> Elizabet Trevino <br /> City Clerk <br />