ORD 2006-05 - Authorize Condemnatin Wastewater Easement 02-21-2006ORDINANCE NO. 2006-05
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 PROPERTY THAT IS REQUIRED FOR
PUBLIC PURPOSE (WASTEWATER EASEMENT); DIRECTING THE CITY
ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS IN THE
EVENT SUCH OFFER IS 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 wastewater
easement described herein for public purposes for the Parker Creek FM247 Sewer
Collection System, and construction of wastewater service to the Parker Creek
FM247 area and other areas of Huntsville;
NOW, THEREFORE, be it ordained by the City Council of the City of Huntsville, Texas, that:
Section l: 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 a wastewater easement described below for the purpose of constructing
wastewater lines to provide wastewater service in the Parker Creek FM247 area and
other areas within and without the City limits of the City of Huntsville, Texas:
Being a 20 foot wide wastewater easement across Alice Warren Estate Property,
WILEY PARKER LEAGUE, Abstract 37, Walker County, Texas, said easement
being more fully described in Exhibit "1" attached hereto and incorporated herein.
Section 2: That the City Attorney is authorized and directed to make an offer in the amount of
$2,715.00 to the record owner of the easement described in Exhibit "I ", 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 wastewater easement for the
construction of wastewater lines to provide wastewater service in the Parker Creek
FM247 area and other areas both within and without the City, 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 easement is required.
Should the offer not be accepted, the amount finally awarded to the owners in the
condemnation proceeding, 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 21 st day
of February 2006.
THE CITY OF HUNTSVILLE, TEXAS
J. TURNER, Mayor
T rT:
oDanna Welter, City Secretary
AS TO
EW
Thomas A. Leepe4 �E�ty A