ORD 2000-30 - Condemnation, Park 10-24-2000 ORDINANCE NO. 2000-30
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, TEXAS, AUTHORIZING THE CITY ATTORNEY TO
MAKE OFFERS FOR THE CITY OF HUNTSVILLE FOR THE
ACQUISITION OF CERTAIN INTERESTS IN PROPERTY THAT IS
REQUIRED FOR PUBLIC PURPOSES (EASTHAM-THOMASON PARK);
DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION
PROCEEDINGS IN THE EVENT SUCH OFFERS ARE REFUSED;
PROVIDING FOR THE FILING OF LIS PENDENS;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 land described
herein for public purposes as park land for Eastham-Thomason Park;
NOW,THEREFORE,be it ordained by the City Council of the City of Huntsville,Texas,that:
Section 1: The City Council of the City of Huntsville officially determines that there is a public
necessity for, and the public welfare and convenience will be served by, the
acquisition of certain property described below for the purpose of providing
additional park land to the Eastham-Thomason Park within the City limits of the City
of Huntsville, Texas:
Being out of and a part of the P. Gray League,Abstract No. 24 and being part of Lot
546 in Block 66 according to the map and plan of the said City of Huntsville,Walker
County,Texas,and also being a separate tract out of Block 66,both tracts being fully
described on Exhibit "1" attached hereto, owned by Sharon Latham and Margaret
Latham.
Section 2: That the City Attorney is authorized and directed to make an offer of$3,200 to
Sharon Latham and Margaret Latham for the property described in Exhibit"1"; and
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 3: That in the event that the offer is refused, either expressly or by failure of the owner
to unconditionally accept the same within the time specified,the City Council finds
that public necessity requires the acquisition of the property for the Eastham-
Thomason Park, and the City Attorney is authorized to institute condemnation
proceedings against the property owners 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, pursuant to Section 12.007 of the Texas Property Code.
Section 4: Should the offer be accepted, the money above set forth shall be paid out of any
appropriation heretofore made for which the above described tract is required.
Should the offers 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 5: This ordinance shall take from and after its passage.
PASSED AND APPROVED by the City Council of the City of Huntsville,Texas on this 24th day
of October, 2000 .
THE CITY OF HUNTSVILLE
William B. Green, Mayor
ATTEST:
Danna Welter, City Secretary
APPROVED:
Paul Isham, City Attorney