RESO 1985-12 - ROW Avenue F ProjectRESOLUTION NO. 85-12
A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO MAKE AN
OFFER FOR AND ON BEHALF OF THE CITY OF HUNTSVILLE FOR
SIX THOUSAND TWO HUNDRED AND FIFTY DOLLARS
TO THE OWNERS, OR OTHER PARTIES IN INTEREST FOR THE
ACQUISITION OF CERTAIN INTERESTS IN A TRACT DESCRIBED
HEREIN REQUIRED FOR A UTILITY EASEMENT; REQUIRING THAT
SUCH OFFER BE ACCEPTED WITHIN TEN (10) DAYS; DIRECTING
THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS
IN THE EVENT SUCH OFFER IS REFUSED; 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 in Exhibit "A ", attached
hereto and made a part hereof for all intents and purposes;
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE:
Section 1: That the City Attorney is hereby authorized and directed to
make an offer of six thousand two hundred and fifty
Dollars for the said tract above described, to Mr. John Poche
or other parties in interest believed to be the true owners of
said property, or to the actual real and true owners thereof,
whether correctly named or not, for the purpose and acquisition
by the City of Huntsville of the fee interest in the said tract
that is required for Avenue F street improvements.
Section 2: Such offer shall provide that if they should not be accepted
within ten (10) days after receipt, the City of Huntsville will
consider such offer refused and will institute condemnation
proceedings.
Section 3: In the event that such offer is refused, either expressly or by
failure of the owners to unconditionally accept the same within
the time specified, the City Attorney is hereby authorized to
institute condemnation proceedings on behalf of the City of
Huntsville under any applicable provisions of the law, whether
provided by Title 52 of the Revised Civil Statutes, Chapter 17
of the Title 28 of said Statutes, the Charter of the City of
Huntsville, or any other provision.
Section 4: Should such offer be accepted, the money above set forth shall
be paid out of any appropriation heretofore made for the public
purpose 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 5: This resolution shall take effect from and after its passage.
APPROVED this irday of
ATTEST:
DeShaw, City ecretary
APPROVED AS TO FORM:
4411K
Scott Bounds, City Attorney
2
A.D. 1985.
THE CITY OF HUNTSVILLE, TEXAS
By
an onday, ayor