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I I I 60. RESOLUTION NO. 2004- 204 R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS AUTHORIZING INITIATION OF LEGAL ACTION TO OBTAIN COPIES OF FIBER OPTIC AGREEMENTS IN CONNECTION WITH THE POST ROAD PAVING AND DRAINAGE IMPROVEMENTS PROJECT; AND DECLARING AN EFFECTIVE DATE. RECIT ALS: 1. On February 23, 2004, the City Council adopted a resolution declaring the public necessity for acquisition of interests in real property in connection with the Post Road Paving and Drainage Improvements Project (the "Project"), and authorizing the City's staff and real estate acquisition consultants to proceed with and conclude negotiations for acquisition of fee title, easements, rights-of-way or other interests in real property in the vicinity of the Project. 2. The City staff and right-of-way agent have been negotiating to acquire a tract of property from Union Pacific Railroad ("UPRR") for the Project. The City Council previously approved an earnest money contract for the acquisition from UPRR, but just before closing the purchase, railroad officials notified the City that the property would be conveyed subject to fiber optic agreements (the "Fiber Agreements") the railroad has with MCI, Inc. ("MCI") and with Level 3 Communications, LLC ("Level 3"). 3. The City staff and real estate acquisition consultants have endeavored, without success, to obtain copies of the Fiber Agreements from UPRR, MCI and Level 3, and the City Council wishes to authorize the initiation of legal action to secure copies of these agreements. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: PART 1. The City Council finds and determines that the Recitals contained in this resolution are true and correct. PART 2. The City Council confirms its prior finding and determination 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 the transportation needs of the citizens of the City and of persons traveling in and through the City. PART 3. The City's legal counsel, Mr. James Frost, is authorized to initiate legal proceedings against UPRR, MCI and Level 3 to obtain copies of the Fiber Agreements. PART 4. This Resolution is in full force and effect immediately upon its passage.