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<br /> 24 <br /> RESOLUTION 1986-15R <br /> A RESOLUTION OF THE CITY COUNCIL OF THE CITY <br /> OF SAN MARCOS, TEXAS, DECLARING THE PUBLIC <br /> NECESSITY OF ACQUIRING CERTAIN REAL PROPERTY <br /> ALONG PORTIONS OF MILL STREET WITHIN THE <br /> CORPORATE LIMITS OF SAID CITY FOR CERTAIN <br /> PUBLIC PURPOSES; AUTHORIZING AND DIRECTING THE <br /> CITY ATTORNEY TO ACQUIRE SUCH PROPERTY THROUGH <br /> VOLUNTARY ACQUISITION OR, UPON THE FAILURE <br /> THEREOF, EMINENT DOMAIN PROCEEDINGS; AND, <br /> DECLARING AN EFFECTIVE DATE. <br /> WHEREAS, the City Council of the City of San Marcos, Texas, <br /> hereby finds and determines that in order to promote the public <br /> safety and public welfare, to facilitate the safety and movement <br /> of traffic, to preserve the financial investment of the public in <br /> its streets, drainage, water and wastewater systems, public <br /> necessity requires the laying out, opening, constructing, <br /> reconstructing, maintaining, and operating of a street as a part <br /> of the street system of said City, permanent drainage <br /> improvements, sidewalks, water lines and/or pipes and wastewater <br /> lines and/or pipes upon the real property more particularly <br /> described in Exhibit A, which is attached hereto and incorporated <br /> herein for all purposes; that said real property is suitable for <br /> said purposes; that it is necessary to acquire the following <br /> interests in said property as provided by law for the following <br /> purposes: Easements in all that real property more particularly <br /> described in attached Exhibit A to be used as a part of the street <br /> system to be laid out, opened, constructed, reconstructed, <br /> maintained and operated thereon, and easements in all that real <br /> property more particularly described in attached Exhibit A for the <br /> purpose of laying out, opening, constructing, maintaining and <br /> reconstructing permanent drainage improvements, sidewalks, water <br /> lines and/or pipes, and wastewater lines and/or pipes, in, along, <br /> upon and across said real property with the right and privilege at <br /> all times of having ingress and egress in, along, upon and across <br /> said real property for the above-stated purposes as well as for <br /> making additions and repairs to said drainage improvements, <br /> sidewalks, water lines and/or pipes and wastewater lines and/or <br /> pipes or any part thereof; and, <br /> WHEREAS, the City Council of the City of San Marcos, Texas, <br /> hereby finds that the acquisition of such property is in the <br /> interest and to the benefit of the citizens of San Marcos, Texas; <br /> now, therefore, <br /> BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br /> TEXAS: <br /> PART 1. That in order to promote the public safety, public <br /> welfare, facilitate the safety and movement of traffic, and <br /> preserve the financial investment of the public in its street, <br /> drainage, water and wastewater systems, a public necessity exists <br /> which requires the acquisition by said City of all that real <br /> property more particularly described in Exhibit A, which is <br /> attached hereto and incorporated herein for all purposes, for the <br /> purpose of laying out, opening, constructing, reconstructing, <br /> maintaining and operating of a street as a part of the street <br /> system of said City, permanent drainage improvements, sidewalks, <br /> water lines and/or pipes, and wastewater lines and/or pipes. <br /> PART 2. That the City Attorney and/or his assistants is <br /> hereby authorized and directed to acquire through voluntary <br /> acquisition or, upon the failure thereof, eminent domain <br /> proceedings, all that real property more particularly described in <br /> Exhibit A which is attached hereto and made a part hereof for all <br /> purposes. <br />