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ORD 2001-06 - Eastham - Thomason Park 03-06-2001ORDINANCE NO. 2001-06 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 parts of Lots 548 and 549 in Block 66, according to the map or plan of the City of Huntsville, Texas, and being fully described on Exhibit "1" attached hereto, owned by Emzie Bridges; and Being part of and a part of the P. Gray League, Abstract No. 24 and being all of that part of Lot 549 in Block 66, according to the map or plan of the City of Huntsville, Texas, and being fully described on Exhibit "2" attached hereto, owned by Emzie Bridges and Tessie Bridges. Section 2: That the City Attorney is authorized and directed to make an offer of $9,200 to Emzie Bridges for the property described in Exhibit "1 ", and an offer of $7,000 to Emzie Bridges and Tessie Bridges for the property described in Exhibit "2 "; and the offers shall provide that if they are not accepted within ten (10) days after receipt, the City of Huntsville will consider such offers refused and will institute condemnation proceedings. Section 3: That in the event that the offers are 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 offers 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. PASSED AND APPROVED by the City Council of the City of Huntsville, Texas, on this 6th day of March, 2001. THE CITY OF HUNTSVILLE Gt KA��) --- William B. Green, Mayor ATTEST: Danna Welter, City Secretary APPROVED: eo Paul Isham, City Attorney