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in eminent domain to acquire such real property interests located in Hays County, Texas, <br />described in Exhibit "A" attached hereto, that cannot be acquired through negotiation, and to <br />take all other lawful action necessary and incidental to such purchases or eminent domain <br />proceedings. <br />PART 4. The City's representatives, agents, and staff are hereby authorized to acquire the <br />Property pursuant to applicable law, including Chapter 2206 Texas Government Code and <br />Chapter 21 of the Texas Property Code as same may, from time to time, be amended; and to <br />specifically provide the Landowner's Bill of Rights to landowners, and to conduct such land <br />appraisals as may be desired and as may be required by law. <br />PART 5: The City Manager is hereby authorized to direct and designate City staff and to <br />contract with one or more agents or representatives as deemed appropriate to act on behalf of <br />the City to acquire the Property, including contracting with professional appraisers for <br />appraisal services relating to acquisition of the Property. <br />PART 6: That the City Manager and his authorized designee are authorized to sell any <br />surplus improvements and to order the removal or the demolition of any improvements that are <br />located on the Property that in their determination hinder or are unnecessary to completion of <br />the Project <br />PART 7. All acts and proceedings done or initiated by the employees, agents, and <br />attorneys of the City for the acquisition of real property interests needed in connection with the <br />Project are hereby authorized, ratified, approved, confirmed, and validated and declared to be <br />valid in all respects as of the respective dates thereof with and in regard to the owners from <br />whom such rights are being acquired. <br />PART S. If any portion of this Resolution, or the application of same to any person or set <br />of circumstances is for any reason held unconstitutional, void, or invalid, the validity of the <br />remaining portions of this Resolution shall not be affected thereby, it being the intent of the <br />City Council of the City of San Marcos, Texas in adopting this Resolution that no portion <br />thereof, or provisions or regulation contained herein shall become inoperative or fail by reason <br />of any unconstitutionality or invalidity of any other portion hereof and all provisions of this <br />Resolution are declared to be severable for that purpose. <br />PART 9. This Resolution shall be in full force and effect immediately from and after its <br />passage. <br />PASSED AND APPROVED this 19th day of February, 2013. <br />lel Guerr yo <br />2 <br />