ORD 1996-05 - Property Acquisition - Condemnation (HAIGIS) 04-09-1996ORDINANCE NO. 96-05
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, TEXAS, AUTHORIZING THE CITY ATTORNEY TO
MADE AN OFFER FOR THE CITY OF HUNTSVILLE FOR THE
ACQUISITION OF CERTAIN INTERESTS IN PROPERTIES THAT ARE
REQUIRED FOR PUBLIC PURPOSES; DIRECTING, THE CITY
ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS IN THE
EVENT SUCH OFFER IS REFUSED; PROVIDING FOR THE FILING OF
LIS PEDENS; 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 the land
described herein for public purposes;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that
SECTION 1: The City Attorney is authorized and directed to make an offer of $23,000.00 for
the properties described in Section 2 to Mr. and Mrs. Robert S. Haigis, or to the
actual real and true owners thereof, whether correctly named or not, for the
purchase and acquisition by the City of Huntsville of the fee interest in the
property that is required for public purposes.
SECTION 2: The property needed for public purposes is:
10.00 acres, William McDonald Survey, Abstract No. 30, Walker County, Texas
(Tract 4)
SECTION 3: 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 4: In the event that the offer is refused, either expressly or by failure of the owners
to unconditionally accept the same within the time specified, the City Attorney is
authorized to institute condemnation proceedings 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. Texas Property Code Section 12.007.
SECTION 5: Should such 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 such 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 6: This ordinance shall take effect from and after its passage.
PASSED by the City Council of the City of Huntsville, Texas on this the 9th day of April 1996.
CITY OF HUNTSVILLE, TEXAS
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William B. Green, Mayor
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Danna Welter, City Secretary
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