RESO CC 06/27/78 - Sewer right-of-way acquisitionRESOLUTION NO. 78 -11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, TEXAS ESTABLISHING THE NECESSITY FOR ACQUISITION
OF RIGHTS -OF -WAY IN CONNECTION WITH THE SANITARY SEWER SYSTEM
EXPANSION PROGRAM AND AUTHORIZING ACQUISITION IN CONFORMANCE
WITH THE UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY
ACQUISITION POLICIES ACT OF 1970; AND ESTABLISHING LAND
ACQUISITION POLICY AND PROCEDURES.
WHEREAS, in keeping with policy and procedures consistent
with applicable statutes governing acquisition of property
for public purposes, the City of Huntsville desires to adopt General
Land Acquisition Policy and Procedures: to wit:
1. The City of Huntsville will make every reasonable effort to acquire
each property by negotiated purchase before instituting eminent domain
in proceedings against the property.
2. The City of Huntsville will not require any owner to surrender the
right to possession of his property until the City pays, or causes to be paid,
to the owner the agreed purchase price arrived at by negotiation.
3. The City of Huntsville will not require any person lawfully occupying
property to surrender possession without at least ninety (90) days written
notice from the City, of the date on which possession will be required; and
WHEREAS, the Governing Body is vitally concerned with efficient execution
of the Sanitary Sewer System Expansion Project under its jurisdict.ion•in keeping
with the policy outlined above; and
WHEREAS, the Governing Body has determined that it is in order to set forth
certain policy and procedures for staff guidance in adhering to land
acquisition;
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
HUNTSVILLE THAT THE FOLLOWING PROCEDURES BE ADOPTED AND THE FOLLOWING
PARCELS AS LISTED IN SECTION 4 BE ACQUIRED UNDER THE SANITARY SEWER SYSTEM
EXPANSION PROGRAM:
Section 1. Period of Negotiation and Final Offer Requirements.
A. Negotiation Period
(1) The City of Huntsville shall make a diligent, conscientious
effort to induce the owner to accept a fair and proper price for his property.
(2) It is hereby determined that the normal period of initial
negotiations need not exceed forty -five (45) days.
(3) Should the City staff member feel that an impasse has been
reached, he shall immediately prepare for the Mayor's signature the final
notice stipulated in Section 1 -B hereof.
B. Final Notice
(1) When efforts to negotiate have been unsuccessful, the City
shall prepare for the Mayor's signature, a notice making a final offer
to the owner in writing.
(2) This final offer shall include an invitation to discuss
acquisition of the property with the Mayor, afford a reasonable period
of time for the owner to accept or reject the invitation, and include
a notification of the date on which the City intends to institute eminent
domain proceedings if agreement cannot be reached on the purchase of the
property within the time specified.
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Section 2. Institution of Condemnation Proceedings
A. To avoid delay in the timely filing of condemnation proceedings
due to failure of nogotiations to effect acquisition, the Mayor is authorized
and instructed to notify the designated Attorney to institute condemnation
proceedings for acquisition of any property, provided the above requirements
have been met.
B. The Mayor is further authorized and instructed to institute
condemnation proceedings for any property that must be acquired by
condemnation for curative title purposes.
C. A report of any and all such actions taken by the Mayor shall be
presented to the Governing Body at the next regular Meeting for ratification.
Section 3. Maintenance of Records
A. The City shall maintain records of its negotiations and other actions.
B. As evidence of the Departments adherence to this policy the City staff
members serving as negotiators, shall maintain individual records of all
negotiations with individual property owners.
Section 4. Designation of Property to be Acquired
Parcel No. 1 - Access Road
Being a 60 foot easement for road purposes through a portion of a
256.92 acre tract out of the Jesse Parker League, A -36, Walker County,
Texas owner by Gibbs Bros and Co. as described by deeds recorded in Volume
40, Page 39, and Volume 210, Page 411, Walker County Deed Records.
Parcel No. 2 - Plant Site
Being a 44.28 acre tract out of the Jesse Parker League, A -36, Walker
County, Texas, and being also out of a 257 acre tract owned by Gibbs Bros.
and Co. as described by deed recorded in Volume 40, Page 39, and Volume 210,
Page 411, Walker County Deed Records.
Parcel No. 3 - Main Line
Being a 20 foot easement within a 80 foot working easement laying 10 ft.
and 40 ft. on either side of a centerline described as follows:
Being through and lying within a called 133 -acre tract out of the Jesse
Parker League, A -36, Walker County Texas, and owned by C. M. Ellisor as
described by deed recorded in Volume 184, Page 676, Walker County Deed
Records.
Parcel No. 4 - Line A -1 (Blalock)
Being a 20 foot easement within an 80 foot working easement lying 10 ft.
and 40 ft. on either side of a centerline 317.48 -acre tract out of the Jesse
Parker Survey, A -36 and the Wiley Parker Survey, A -37, Walker County, Texas
as described by deed to Raymond B. Blalock recorded in Volume 231, Page 101,
Walker County Deed Records.
Parcel No. 5 - Line A -1 (Thomason)
Being a 20 foot permanent easement within a 80 foot working easement
lying 10 foot and 40 ft. on either side of a centerline described as follows:
Being through and lying within a called 1094.43 -acre tract out of the
Wiley Parker League, A -37. Walker County, Texas and the Jesse Parker League,
A -36, Walker County, Texas owned by R. B. Thomason, et. al, as described by
deed recorded in Volume 297, Page 322 Walker County Deed Records.
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Parcel No. 6 - Line A-1 (Gibbs)
Being a 20 foot permanent easement within a 80 foot working easement
lying 10 ft. and 40 ft. on either side of a centerline described as follows:
Being through and lying within a called 296 acre Gibbs Bros. and Co.
tract as described by deed recorded in Volume 16, page 235, Walker County
Deed Records,
ADPOTED AND APPROVED by the City Council of the City of Huntsville
at its regular Meeting held the 27th
day of June , 1978.
ATTEST:
City ecre ary RUth DeShaw
APPROVED AS TO F RM:
41,111
Jack ,
y
alAr,v70.1.
Mayor