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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 real property interests shown in Exhibit A. <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 real property interests described above, to <br /> establish the amount of just compensation to be paid for the acquisition of such real property <br /> interests based upon an independent appraisal, to negotiate for the acquisition of the real property <br /> interests, to give notices, to make written offers to purchase, to enter into contracts, to retain <br /> appraisers, other experts or consultants deemed necessary for the acquisition process and, if <br /> necessary, to ask the City Attorney, or his designee, to institute and prosecute to conclusion <br /> proceedings in eminent domain to acquire fee simple title and a wastewater easement as shown in <br /> Exhibit A, and to take all other lawful action necessary and incidental to such eminent domain <br /> 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 or <br /> 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 July 1, 2025. <br /> )Jane Hughson <br /> Mayor <br /> Attest: <br /> !1�i?id Trevino <br /> City Clerk <br />