Res 2008-112 - Laserfiche WebLink

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JOQ-San Marcos Ventures, L.P. as to the fair cash market value and consideration to be paid for such easement interests. The City has been unable to acquire the Easement and Temporary • Easement by purchase notwithstanding its negotiations with JOQ-San Marcos Ventures, L.P. and further negotiations have become futile. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: PART 1. The City Council finds and determines that the Project is required for the preservation of the public health, safety and welfare and the public convenience and necessity for the citizens of the City, and is for the public purposes, among other public purposes, of providing greater use of the City's reclaimed water to expand the City's recycling efforts, and maintaining the purity of the San Marcos River by decreasing effluent flow into the river. PART 2. The City staff and the City's real estate acquisition consultants and retained attorneys, as applicable, are authorized and directed to proceed with and conclude negotiations with JOQ-San Marcos Ventures, L.P. for the acquisition of the Easement and Temporary Easement necessary for the Project, and to initiate and prosecute to conclusion all necessary eminent domain proceedings to acquire the Easement and Temporary Easement, and to take any other legal action necessary and incidental to such eminent domain proceedings. PART 3. All acts and proceedings done or initiated by the employees, agents, and attorneys of the City for the acquisition of the Easement and Temporary Easement are hereby authorized, ratified, approved, confirmed, and validated and declared to be valid in all respects as • of the respective dates thereof with and in regard to the owners from whom such rights are being acquired. PART 4. If any portion of this Resolution, or the application of the same to any persons or set of circumstances is for any reason held unconstitutional, void, or invalid, the validity of the remaining portions of this Resolution shall not be affected thereby, it being the intent of the City Council of the City of San Marcos, Texas in adopting this Resolution that no portion thereof, or provisions or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality or invalidity of any other portion hereof and all provisions of this Resolution are declared to be severable for that purpose. PART 5. This Resolution shall be in full force and effect immediately from and after its passage. ADOPTED on 5th day of August, 2008. t n Narvaiz ayor Atte Sherry Mas urn City Clerk