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R-11-08 - 9/22/2011 RESOLUTION NO. 11-08 WHEREAS, the Round Rock Transportation System Development Corporation ("RRTSDC") is a Type B Corporation created pursuant to Chapter 505 of the Texas Local Government Code; and WHEREAS, the RRTSDC derives its authority to exercise the power of eminent domain from the Texas Local Government Code, § 505.105 entitled"Eminent Domain"; and WHEREAS, pursuant to Sec. 2206.101, Texas Government Code, the RRTSDC is required to send a letter to the Texas Comptroller stating that it claims the power of eminent domain; and WHEREAS, the RRTSDC wishes to exercise the power of eminent domain,Now Therefore BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE ROUND ROCK TRANSPORTATION SYSTEM DEVELOPMENT CORPORATION, That the President is hereby authorized and directed to execute on behalf of the RRTSDC a letter to the Texas Comptroller of Public Accounts, a copy of same being attached hereto as Exhibit "A" and incorporated herein. The Board hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 22nd day of September, 2011. By: al �! ✓ ALAN MCGRAW, President Round Rock Transportation System Development ATTES : Secretary O:\wdox\SCClnts\0112\1104\MUNICIPAL\00232655.DO C '0,,t/r1B IT "A September_, 2011 • CERTIFIED MAIL, RETURN RECEIPT REQUESTED Susan Combs Texas Comptroller of Public Accounts P.O. Box 13528, Capitol Station Austin, Texas 78711-3528 RE: Letter required by Sec. 2206.101 Government Code Dear Comptroller Combs: This letter is being sent to you pursuant to Sec. 2206.101 of the Texas Government Code regarding the authority of the Round Rock Transportation System Development Corporation("RRTSDC")to exercise the power of eminent domain. The RRTSDC is a Type B Corporation created pursuant to Chapter 505. Type B Corporations, of the Texas Local Government Code. The RRTSDC derives its authority to exercise the power of eminent domain from the Texas Local Government Code, § 505.105, entitled"Eminent Domain." Please let me know if you have any questions regarding the subject matter of this letter. Sincerely, Alan McGraw President Round Rock Transportation System Development Corporation • Agenda Item No. 7C. Consider a resolution authorizing the President to execute a letter to the Texas Comptroller of Public Accountants regarding the authority to exercise the power of Agenda Caption: eminent domain. Meeting Date: September 22, 2011 During this year's legislative session,the Texas Legislature passed Senate Bill 18 amending state law regarding use of the power of eminent domain. Among the provisions adopted was a requirement that every entity claiming the power of eminent domain send a letter to the Texas Comptroller stating that they claimed the power of eminent domain and citing the provision of the law that gives that power. Failure to send the letter could result in the entity losing the power of eminent domain. The attached letter will accomplish this purpose.