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RESO 1982-11 - Sewer Line EasementRESOLUTION NO. 82 -11 A RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO MAKE AN OFFER FOR AND ON BEHALF OF THE CITY OF HUNTSVILLE FOR TWO THOUSAND SEVEN HUNDRED NINETY THREE DOLLARS TO THE OWNERS, OR OTHER PARTIES IN INTEREST FOR THE ACQUISITION OF CERTAIN INTERESTS IN A TRACT DESCRIBED HEREIN REQUIRED FOR AN 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 Manager be, and he is hereby authorized and directed to make an offer of Two Thousand Seven Hundred and Ninety Three Dollars for the said tract above described, to S. Calhoun Wilson, Marshall Wilson, and Reed Calhoun Wilson, 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 easement interest in the said tract that is required for an utility easement for a sanitary sewer line. Section 2: Such offer shall provide that if they should not be accepted within ten (10) days after receipt, the City Of Huntsville will con- sider 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 provisions. 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 resplution shall take effect from and after its passage. APPROVED this day of , A.D. 1982. THE CITY OF HUNTSVILLE, TEXAS By William V. Nash, Mayor E X H I B I T "A" An easement five (5) foot either side of a line parallel to a creek that crosses the tract approximately feet long and containing approx- imately square feet.