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<br />28. <br /> <br />RESOLUTION NO. 2001- 27 R <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN <br />MARCOS, TEXAS AUTHORIZING INITIATION OF LEGAL <br />ACTION TO OBTAIN RIGHTS-OF-ENTRY IN CONNECTION <br />WITH THE WONDER WORLD DRIVE EXTENSION PROJECT; <br />AND DECLARING AN EFFECTIVE DATE. <br /> <br />RECITALS: <br /> <br />1. The City's voters, in an election held on November 3, 1998, authorized the issuance of <br />bonds for the acquisition of right-of-way for the Wonder World Drive Extension Project (the <br />"Project"). <br /> <br />2. The Project requires the City to obtain rights-of-entry to the tracts of property <br />described on the attached maps. Entry is necessary for detailed surveying and environmental <br />assessments to determine the best routing and environmental protection measures for the <br />roadway. <br /> <br />3. The City has attempted in good faith to obtain rights-of-entry to these tracts through <br />negotiation with the property owners, without success, and further efforts to negotiate for these <br />rights-of-entry would be futile. <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 Recitals contained in this <br />resolution are true and correct. <br /> <br />PART 2. 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 in and through the City. <br /> <br />PART 3. The City's legal counsel, Mr. James Frost, is authorized to initiate legal <br />proceedings to obtain rights-of-entry to the tracts of property described on the attached maps. <br /> <br />P ART 4. This Resolution is in full force and effect immediately upon its passage. <br /> <br />ADOPTED on February 12, 2001. / ~ ?(;?..t: - ' <br />ba~d ChlU~ <br />Mayor <br /> <br />A!Wst:. 1/ <br />~~iV~, f)//f)),ipJ.-- <br /> <br />.mnis K. Womack <br />City Clerk <br /> <br />C:\ TEMP\EminentDomain-RightofEntry.doc <br />