ORD 1995-31 - Offer - Johnson Road Right-Of-Way 09-12-1995ORDINANCE NO. 95-31
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, TEXAS, AUTHORIZING THE CITY
ATTORNEY TO MAKE AN OFFER FOR THE CITY OF
HUNTSVILLE FOR THE ACQUISITION OF CERTAIN
INTERESTS IN PROPERTIES THAT ARE REQUIRED FOR
PUBLIC PURPOSES (JOHNSON ROAD RIGHT- OF-WAY);
DIRECTING THE CITY ATTORNEY TO INSTITUTE
CONDEMNATION PROCEEDINGS IN THE EVENT SUCH
OFFER IS REFUSED; PROVIDING FOR THE FILING OF LIS
PEDENS; AND PROVIDING FOR THE EFFECTIVE DATE
HEREOF.
WHEREAS The City Council of the City of Huntsville now finds and determines that public
convenience and necessity require that the City of Huntsville acquire the land
described herein for public purposes as Johnson Road right -of -way;
NOW, THEREFORE, be it ordained by the City Council of the City of Huntsville, Texas, that:
Section 1: The City Attorney is authorized and directed to make an offer of $544.50 plus two
3/4" water meter installations for the properties described in Section 2 to Mr.
Nathaniel Taylor, or to the actual real and true owners thereof, whether correctly
named or not, for the purchase and acquisition by the City of Huntsville of the fee
interest in the property that is required for public purposes as Johnson Road right -of-
way.
Section 2: The property needed for public purposes is:
0.125 acres, out of tract 15, New Addition, Walker County, Texas
Section 3: The offer shall provide that if it is not accepted within ten (10) days after receipt, the
City of Huntsville will consider such offer refused and will institute condemnation
proceedings.
Section 4: In the event that the offer is refused, either expressly or by failure of the owners to
unconditionally accept the same within the time specified, the City Attorney is
authorized to institute condemnation proceedings on behalf of the City of Huntsville
under the provisions of Chapter 21 of the Texas Property Code, the Charter of the
City of Huntsville, or any other applicable state or local law. Additionally, the City
Attorney is directed to file notice of this action in the real property records of Walker
County, Texas. Texas Property Code Section 12.007.
Section 5: Should such offer be accepted, the money above set forth shall be paid out of any
Should such offer not be accepted, the amount finally awarded to the owner in the
condemnation proceedings, plus costs, fees and expenses, shall be paid out of such
funds so appropriated.
Section 6: This ordinance shall take from and after its passage.
PASSED AND APPROVED by the City Council of the City of Huntsville, Texas on this 12th day
of September, 1995.
THE CITY OF HUNTSVILLE
William B. Green, Mayor
ATTEST:
20dm'tc A 11 � 1),,f) 1A
Danna Welter, City Secretary
APP VED:
S zo-r� .
Scott Bound, City Attorney