ORD 2000-08 - Easement - Sunset Lake 03-21-2000ORDINANCE NO. 2000-08
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 A CERTAIN INTEREST IN PROPERTY THAT IS
REQUIRED FOR PUBLIC PURPOSES (SUNSET LAKE AREA SANITARY
SEWER LINE); 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 a certain
easement described herein for public purposes for the Sunset Lake Area Sanitary
Sewer Line; 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 a certain easement described below for the purpose of constructing the
Sunset Lake Area Sanitary Sewer Line within the extraterritorial jurisdiction of the
City of Huntsville, Texas:
That certain 30 -foot wide sanitary sewer easement out of a parcel of land in the
William McDonald Survey A -30, Walker County, Texas, and known as Tract 23 of
Sunset Lake Club, Inc. et al, and being more fully described as 15 feet on either side
of the center line of the easement and consisting of approximately 0.141 acres of
land. In addition, the City will acquire a 50 -foot wide temporary construction
easement being 35 feet on the tract side of the centerline and 15 feet on the lake side
of the centerline. The property is owned by John K. Stewart.
Section 2: That the City Manager is authorized and directed to have an appraisal made for the
tract owned by John K. Stewart (Lot No. 23) for the easement described in Section
1 above, and the City Attorney is authorized and directed to make an offer in
accordance with the appraisal to the respective property owner for the easement
described in Section 1 above. 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 easement for the Sunset Lake
Area Sanitary Sewer Line, and the City Attorney is authorized to institute
condemnation proceedings against the property owner 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 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 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 March, 2000.
THE CITY OF HUNTSVILLE
William B. Green, Mayor
ATTEST:
Diik�
Danna Welter, City Secretary
APPROVED:
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Paul Isham, City Attorney