Res 2025-124 authorizing the use of the power of Eminent Domain to acquire fee simple and public easement interests in real property associated with the installation of the FM 1978 Water Reclamation Facility southeast of the city

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RESOLUTION NO. 2025-124R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS AUTHORIZING THE USE OF THE POWER OF EMINENT DOMAIN TO ACQUIRE FEE SIMPLE TITLE AND PUBLIC EASEMENT INTERESTS IN REAL PROPERTY ASSOCIATED WITH THE INSTALLATION OF THE FM 1978 WATER RECLAMATION FACILITY SOUTHEAST OF THE CITY AS DEPICTED IN THE ATTACHED LOCATION MAP; DETERMINING THE PUBLIC NECESSITY FOR THESE ACQUISITIONS; AUTHORIZING THE CITY MANAGER, OR HER DESIGNEE, TO TAKE ALL STEPS NECESSARY TO ACQUIRE THE NEEDED REAL PROPERTY INTERESTS IN COMPLIANCE WITH ALL APPLICABLE LAWS; AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, TO INSTITUTE CONDEMNATION PROCEEDINGS AS NECESSARY TO ACQUIRE SAID REAL PROPERTY INTERESTS TO THE EXTENT NEGOTIATIONS ARE UNSUCCESSFUL; AND DECLARING AN EFFECTIVE DATE. RECITALS: 1. The City of San Marcos, Texas ("the City") is undertaking public utility improvements in connection with operating the Farm to Market Road 1978 water reclamation facility("the Project"). 2. For the public uses of the Project, in furtherance of public water reclamation, it is necessary and convenient for the City to acquire real property interests, in the form of fee simple title and wastewater easements,depicted in the location map and surveys attached hereto as Exhibit A, and made a part hereof for all purposes. 3. The public uses of the Project are required for the preservation of the public health, safety and welfare, and for the public convenience and necessity for the citizens of and persons in the City. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: PART 1. All of the above recitals are hereby found to be true and correct legislative and factual findings of the City Council of the City of San Marcos, Texas, and they are hereby approved and incorporated into this resolution. PART 2. The City Council finds and determines that for the specified public uses and purposes a necessity exists to construct the improvements comprising the Project across the areas depicted in Exhibit A and 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 and persons in the City.