Resolution 2022-09RESOLUTION NO. 2022�09
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLEt TEXAS AUTHORIZING INITIATION OF CONDEMNATION PROCEEDING TO ACQUIRE A PERMANENT UTILITY
EASEMENT FOR THE REPLACEMENT OF A SANITARY SEWER TRUNK LINE UPON CERTAIN PROPERTY SITUATED IN WALKER COUNTYt TEXAS.
THE ST A TE OF TEXAS
COUNTY OF WALKER
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WHEREAS The Huntsville City Council desires to promote the health, safety and welfare of its citizens and
provide utility service; and
WHEREAS The City of Huntsville maintains a sanitary sewer main across the easement property. The line
was installed approximately 40 years ago and is in poor condition.
WHEREAS Due to increased residential and commercial development the line is reaching its load capacity.
The line must be replaced with a larger one to provide for future development. This will require a
wider easement for installation and maintenance of the replacement line.
WHEREAS Council has detennined need to provide adequate wastewater services to promote growth and
maintain sanitary conditions is in the public's best interest.
WHEREAS A certified Appraisal of the easement property has been made and an initial offer has been made
to the Owner.
WHEREAS The Texas Government Code requires that before a governmental entity such as the City can
initiate a condemnation proceeding by filing a petition the City must authorize the proceeding at a
public meeting by a record vote.
NOWt THEREFOREt BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLEt TEXAS that:
�TION 1: � City Council has authorized, by public vote, at its regular public council meeting on
� / , 2022, the use of the power of eminent domain to acquire: (I) an easement property being a strip
of land, forty (40) feet in width, containing 0.365 acre of land, more or less, situated in the WILEY PARKER
LEAGUE, Abstract No. 37, Walker County, Texas, and being out of and upon a called 22.70 acre tract described
in a Deed from Peak Interests Management, Corp. to Peak Interest, Inc., recorded as Instrument Number 53538,
Official Public Records of Walker County, Texas, more particularly described by metes and bounds in Exhibit "A"
and shown on a Plat in Exhibit "B", attached hereto and incorporated herein for all purposes.
The current need and purpose of the easement is for the replacement of an old sanitary sewer line in poor condition
with a new sanitary sewer line to provide service to current customers and to provide for future development.
SECTION 2: The City Manager and/or his designee and the City Attorney are given authority to take all steps
necessary to initiate the condemnation proceeding pursuant to Chapter 21 of the Texas Property Code, including,
but not limited to, the filing of a petition under Section 21.012 of the Texas Property Code.