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I I I 82. RESOLUTION NO. 2006- 1 7 R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS DECLARING THE PUBLIC NECESSITY FOR ACQUISITION OF INTERESTS IN REAL PROPERTY IN CONNECTION WITH THE HUNTER ROAD SANITARY SEWER PROJECT; AUTHORIZING NEGOTIATIONS FOR THE ACQUISITION OF THESE INTERESTS; AND DECLARING AN EFFECTIVE DATE. RECITALS: 1. Hunter Road, LLP, the developer of the proposed Town Center development in the 2500 block of Hunter Road, has proposed to construct a wastewater collection and transmission main to be known as the Hunter Road Sanitary Sewer Project (the "Project") to serve the Town Center development, HEB Warehouse site, and other properties along the route of the Project. 2. 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 because the Project will provide City wastewater service to a significant area of the City in which development is expected in the near future. 3. The Project is for the public purpose of providing for City wastewater service for the Town Center development and other properties along the route ofthe Project. 4. The Project requires the City to obtain utility easements, rights-of-way or other interests in certain real property in the vicinity of the Project. 5. The City has been working diligently to obtain these real property interests through negotiation with the affected property owners, and the City Council wishes to formally authorize the City's staff and consultants to proceed with and conclude these negotiations. 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 purpose of providing for City wastewater service for the Town Center development, HEB Warehouse site, and other properties along the route of the Project. P ART 2. The City staff and the City's real estate acquisition consultants are authorized and directed to proceed with and conclude negotiations with the owners of real property interests needed in connection with the Project. PART 3. All acts and proceedings done or initiated by the employees, agents, and attorneys of the City for the acquisition of real property interests needed in connection with the Project are hereby authorized, ratified, approved, confirmed, and validated and declared to be valid