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<br />I <br /> <br />I <br /> <br />I <br /> <br />15G <br /> <br />RESOLUTION NO. 1980-35"Q <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE <br />CITY OF SAN MARCOS, TEXAS AUTHORIZING <br />THE FILING OF A CROSS-BILL PURSUANT TO <br />ARTICLE 3269 TEXAS REVISED CIVIL STATUTES; <br />AUTHORIZING THE DEPOSIT OF SECURITY SET <br />PURSUANT TO SAID SECTION AND DECLARING <br />AN EFFECTIVE DATE. <br /> <br />WHEREAS, Article 3269 Texas Revised Civil Statutes allows <br />an incorporated city having the right of eminent domain that is a <br />party in a suit in a District Court in the state for property or <br />for damages to property occupied by it for the purposes of which <br />it has the right to exercise such power or for injuctive relief <br />to prohibit it from going upon such property or making use there- <br />of for such purposes to request that the court determine the issue <br />of condemnation of the property; and, <br /> <br />WHEREAS, the City of San Marcos, Texas, a home rule city <br />pursuant to Article XI, Section 5 of the Texas Constitution, <br />Article 1165, et seq. Texas Revised Civil Statutes, and section <br />2.01 of the charter of the City of San Marcos, having the power <br />of eminent domain pursuant to Article 1175, Texas Revised Civil <br />Statutes; and section 2.02 of the Charter of said city is a <br />defendant to such a suit in the District Court of the 22nd Judicial <br />District in Hays County, Texas in Cause No. 10,854; and, <br /> <br />WHEREAS, the City Council of the City of San Marcos desires <br />to request that the District Court of the 22nd Judicial District <br />ln Hays County, Texas determine the condemnation of the property <br />ln question in said cause pending in said court and fix an amount <br />to secure the payment of any damages that may be assessed by <br />reason of said city's cross-bill in eminent domain; now therefore, <br /> <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: <br /> <br />PART 1. That the filing of a cross-bill pursuant to Article <br />3269 Texas Revised Civil Statutes in cause 10,854 pending in the <br />District Court of the 22nd Judicial District in Hays County, Texas <br />be and is hereby approved. <br /> <br />PART 2. That the deposit of the amount of security set by said <br />court pursuant to said statute into the registry of said court be, <br />and is hereby, approved. <br /> <br />PART 3. That this Resolution shall be ln full force and <br />effect immediately upon its passage. <br /> <br />ADOPTED this 12th day of <br /> <br />l:B~'t~~ <br /> <br />&nneth V. Kraus <br />Mayor <br /> <br />May , <br /> <br />ATTEST: <br /> <br />S~~~'- <br /> <br />Sharyl Werner <br />Deputy City Secretary <br />