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260. <br /> <br />RESOLUTION NO. 2004- _~? R <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br />SAN MARCOS, TEXAS DECLARING THE PUBLIC <br />NECESSITY FOR ACQUISITION OF INTERESTS IN REAL <br />PROPERTY, IN CONNECTION WITH THE POST ROAD <br />PAVING AND DRAINAGE IMPROVEMENTS PROJECT; <br />AUTHORIZING NEGOTIATIONS FOR THE ACQUISITION OF <br />THESE INTERESTS; AND DECLARING AN EFFECTIVE <br />DATE. <br /> <br />RECITALS: <br /> <br /> 1. In December of 2003, the City Council approved the sale of certificates of obligation <br />for, among other matters, the Post Road Paving and Drainage Improvements Project (the <br />"Project"). <br /> <br /> 2. The Project is required for the preservation of the public health, safety and welfare and <br />the public convenience and necessity for the citizens of the City because of gfowth and traffic <br />congestion issues that have arisen in the area of the Project. <br /> <br /> 3. The Project is for the public purpose of providing for the transportation needs of the <br />citizens of the City and of persons traveling through the City. <br /> <br /> 4. The Project requires the City to obtain fee title, easements, rights-of-way or other <br />interests in certain real property in the vicinity of the Project. <br /> <br /> 5. The City has been working diligently to obtain these real property interests through <br />negotiation with the property owners, and the City Council wishes to formally authorize the <br />City's staff and consultants to proceed with and conclude these negotiations. <br /> <br /> BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: <br /> <br /> PART 1. The City Council finds and determines that the Project is required for the <br />preservation of the public health, safety and welfare and the public convenience and necessity for <br />the citizens of the City, and is for the public purpose of providing for the transportation needs of <br />the citizens of the City and of persons traveling through the City. <br /> <br /> PART 2. The City staff and the City's real estate acquisition consultants are authorized <br />and directed to proceed with and conclude negotiations with the owners of real property interests <br />needed in connection with the Project. <br /> <br /> PART 3. All acts and proceedings done or initiated by the employees, agents, and <br />attorneys of the City for the acquisition of such property are hereby authorized, ratified, <br />approved, confirmed, and validated and declared to be valid in all respects as of the respective <br />dates thereof with and in regard to the owners from whom such rights are being acquired. <br /> <br /> <br />