RESO 1982-11 - Sewer Line EasementRESOLUTION NO. 82 -11
A RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE,
TO MAKE AN OFFER FOR AND ON BEHALF OF THE CITY OF HUNTSVILLE
FOR TWO THOUSAND SEVEN HUNDRED NINETY THREE
DOLLARS TO THE OWNERS, OR OTHER PARTIES IN INTEREST FOR THE
ACQUISITION OF CERTAIN INTERESTS IN A TRACT DESCRIBED HEREIN
REQUIRED FOR AN UTILITY EASEMENT; REQUIRING THAT SUCH OFFER
BE ACCEPTED WITHIN TEN (10) DAYS; DIRECTING THE CITY ATTORNEY
TO INSTITUTE CONDEMNATION PROCEEDINGS IN THE EVENT SUCH OFFER
IS REFUSED; 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 in Exhibit "A ", attached
hereto and made a part hereof for all intents and purposes;
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE:
Section 1: That the City Manager be, and he is hereby authorized and
directed to make an offer of Two Thousand Seven Hundred and
Ninety Three Dollars for the said tract above described,
to S. Calhoun Wilson, Marshall Wilson, and Reed Calhoun Wilson, or
other parties in interest believed to be the true owners of said
property, or to the actual real and true owners thereof, whether
correctly named or not, for the purpose and acquisition by the City
of Huntsville of the easement interest in the said tract that is
required for an utility easement for a sanitary sewer line.
Section 2: Such offer shall provide that if they should not be accepted
within ten (10) days after receipt, the City Of Huntsville will con-
sider such offer refused and will institute condemnation proceedings.
Section 3: In the event that such offer is refused, either expressly or
by failure of the owners to unconditionally accept the same within
the time specified, the City Attorney is hereby authorized to institute
condemnation proceedings on behalf of the City of Huntsville under any
applicable provisions of the law, whether provided by Title 52 of the
Revised Civil Statutes, Chapter 17 of the Title 28 of said Statutes,
the Charter of the City of Huntsville, or any other provisions.
Section 4: Should such offer be accepted, the money above set forth
shall be paid out of any appropriation heretofore made for the public
purpose for which the above described tract is required. 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 5: This resplution shall take effect from and after its passage.
APPROVED this day of
, A.D. 1982.
THE CITY OF HUNTSVILLE, TEXAS
By
William V. Nash, Mayor
E X H I B I T "A"
An easement five (5) foot either side of a line parallel to
a creek that crosses the
tract approximately feet long and containing approx-
imately square feet.