Res 2022-220R/authorizing the acquisition of an easement across a tract of land located at 230 Ramsey Street, San Marcos, Hays County, Texas for public utility purposes as generally depicted in the exhibit attached

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RESOLUTION NO. 2022-220R A RESOLUTION OF THE CITY OF SAN MARCOS, TEXAS, AUTHORIZING THE ACQUISITION OF AN EASEMENT ACROSS A TRACT OF LAND LOCATED AT 230 RAMSEY STREET, SAN MARCOS, HAYS COUNTY, TEXAS FOR PUBLIC UTILITY PURPOSES AS GENERALLY DEPICTED IN THE EXHIBIT ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; THIS ACQUISITION BEING NECESSARY TO ADVANCE AND ACHIEVE THE PUBLIC USE OF MAINTAINING EXISTING AND FUTURE PUBLIC UTILITY SYSTEMS,INCLUDING ELECTRIC AND WATER UTILITIES TO MEET EXISTING AND FUTURE NEEDS; AUTHORIZING THE INSTITUTION OF CONDEMNATION PROCEEDINGS TO ACQUIRE THE NECESSARY LAND RIGHTS TO THE EXTENT NEGOTIATIONS ARE UNSUCCESSFUL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of San Marcos, (the "City") pursuant to the authority granted in Chapter 251 of the Texas Local Government Code and Section 2.02 of the City's Horne Rule Charter has reserved the right to exercise the power of eminent domain to acquire real property interests, including, but not limited to the right to easement interests; and WHEREAS,the City operates certain existing public utility facilities to serve its residents, institutions and businesses, including, but not limited to, electric and water utilities; and WHEREAS, it is necessary to acquire a public utility easement for the installation, maintenance and operation of facilities connected to the City's electric, water and other utility systems across that certain tract of land at 230 Ramsey Street, the area and location of such easement being further described in Exhibit A (the "Easement") by purchase or through the use of eminent domain, in furtherance of the City's public purposes and necessity in operation, maintenance and providing increased capacity of its public utility system to serve area residents, institutions and businesses (the"Project"); and WHEREAS,the Project and acquisition of the Easement are necessary to locate,construct, utilize, maintain and provide reliable and continuous public utility services, including, but not limited to, electric, water and other public utility services to residents, institutions and businesses to achieve the public use of expanding these utilities to meet existing needs and to serve future growth within the service area and is in the best interest of the health, safety, and welfare of the public; and WHEREAS, the City, has been unable to acquire the necessary Easement by negotiation and/or further negotiations may become futile, and therefore, the City must exercise its power of eminent domain; and WHEREAS,to acquire Easement, it may be necessary for the City or one of its agents or contractors to enter upon the tract of land upon which the area encumbered by the Easement is located to investigate and survey the needed land area so that it may be defined and described with