Res 2008-072 - Laserfiche WebLink

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RESOLUTION N0.2008-72R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS DECLARING THE PUBLIC NECESSITY FOR ACQUISITION OF INTERESTS IN REAL PROPERTY IN CONNECTION WITH THE TXI RECLAIMED WATER LINE PROJECT; AUTHORIZING NEGOTIATION FOR THE ACQUISITION OF THESE INTERESTS; RATIFYING PREVIOUS NEGOTIATION AND ACTION; AND DECLARING AN EFFECTIVE DATE. RECITALS: 1. In March 2007, the City of San Marcos entered into a Retail Water Supply Contract with TXI Operations, L.P. for the sale of reclaimed water for use by their plant. As part of that Contract the City has proposed to construct, at TXI's expense, a reclaimed water transmission main (the "Project") beginning at the present reclaim water line that supplies Hays Energy and continuing to the point of delivery at the TXI facilities on Hunter Road. The City will also participate in the construction of the pipeline and will be oversizing the line to provide for future sales in the immediate area. 2. The Project is required for the preservation of the public health, safety and welfare, and for the public convenience and necessity for the citizens of the City because the Project will provide for greater use of the City's reclaimed water to expand the City's recycling efforts, and to help maintain the purity of the San Marcos River by decreasing effluent flow into the river. 3. The Project is for the public purpose of providing greater use of the City's reclaimed water for this Project and for the future development along the route of the Project. 4. The Project requires the City to obtain utility easements, rights-of-way or other interests in certain real property in the vicinity of the Project. 5. The City has been working diligently to obtain these real property interests through negotiation with the affected property owners, and the City Council wishes to formally authorize the City's staff and consultants to proceed with and conclude these negotiations and to initiate and prosecute proceedings in eminent domain to acquire such real property interests that cannot be acquired through negotiation.. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: PART 1. The City Council finds and determines 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 use of the City's reclaimed water by TXI and others in the general area surrounding the Project. PART 2. The City staff and the City's real estate acquisition consultants are authorized and directed to proceed with and conclude negotiations with the owners of real property interests