ORD 1999-18 - Property Required For Public Purposes 06-29-1999ORDINANCE NO. 99-18
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 PURPOSES (EASTHAM- THOMASON PARK);
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 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:
That certain tract or parcel of land out of the P. Gray League, A -24, Walker County,
Texas, called Lot 19, Block 67, and being fully described on Exhibit "1" attached
hereto, owned by John D. Wanza; and
Section 2: That the City Attorney is authorized and directed to make an offer of $21,000 to John
D. Wanza for the property described in Exhibit "1 ", 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 property for the Eastham-
Thomason Park, 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 29th day
of June, 1999.
THE CITY OF HUNTSVILLE
William-- B. Green, Mayor
ATTEST:
Danna Welter, City Secretary
faul Isham, City Attorney
EXHIBIT "1"
That certain tract or parcel of land out of the P. GRAY LEAGUE, A-24, Walker County, Texas,
called Lot 19, Block 67, and being described by metes and bounds as follows:
BEGINNING at the southeast comer of Lot No.548 according to the map plan of the City of
Huntsville, Texas; same being the northwest intersection of Tenth Street and Avenue 0;
THENCE West along Tenth Street 55 feet to stake for comer;
THENCE North 60 feet to stake for comer;
THENCE East 55 feet to stake for comer in wedge of Avenue 0 or avenue extended;
THENCE South with the west edge of Avenue 0, 60 feet to the PLACE OF BEGINNING.
And being the same tract conveyed to John D. Wanza in a Deed dated April 22,1991 and
recorded in Volume 0142, Page 82, Official Records of Walker County, Texas and included in
this conveyance any and all improvements thereto.
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