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HomeMy WebLinkAbout92-2923177 ORDINANCE NO. 92-2923 AN ORDINANCE OF THE CITY OF PLAINVIEW AUTHORIZING THE CONDEMNATION OF PRIVATE PROPERTY TO BE USED FOR THE PURPOSE OF A PUBLIC ROAD; SEVERABILITY CLAUSE; CUMULATIVENESS CLAUSE; CONFLICTS CLAUSE; AND EFFECTIVE DATE. WBEREAS, the City of Plainview, in the best interest of its citizens, has formulated a plan for developing a portion of unpaved road which extends from 16th Street within the municipal limits of the City of Plainview; and WHEREAS, the City of Plainview has been unable to come to an agreement upon the price of the property which must be acquired to develop said road; and WHEI~EAS, the City Council of the City of Plainview now finds it necessary to condemn the property that must be acquired to develop said road; NOW, THEREFORE, OF PLAIN~IEW: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY SECTION I. That fee simple title in and to the following described parcel of real estate be, and the same hereby is, appropriated for the public purpose of a public road, pursuant to and in accordance with Chapter 21 of the Texas Property Code, to wit: Parcel No. 1 Situated in the City of Plainview, Hale County, Texas and being more particularly described as follows: Lot 17, block 7, Wye Addition No. 2 to the Town of Plainview, Hale County, Texas. Parcel No. 2 Situated in the City of Plainview, Hale County, Texas and being more particularly described as follows: Lot 18, block 7, Wye Addition No. 2 to the Town of Plainview, Hale County, Texas. Parcel No. 3 Situated in the City of Plainview, Hale County, Texas and being more particularly described as follows: Lot 19, block 7, Wye Addition No. 2 to the Town of Plainview, Hale County, Texas. (Page 1 of 3) 178 Parcel No. 1: Parcel No. 2: Parcel No. 3: Parcel No. 4: Parcel No. 5: TOTAL: SECTION III. Parcel No. 4 Situated in the City of Plainview, Hale County, Texas and being more~ particularly described as follows: Lots 20 and 21, block 7, Wye Addition No. 2 to the Town of Plainview, Hale County, Texas. Parcel No. 5 Situated in the City Of Plainview, Hale County, Texas and being more particularly described as follows: 5.67 acres out of the J.M. Carter Homestead Survey, Hale County, Texas and 6.00 acres out of the John Kiser Homestead Survey, Hale County, Texas. SECTION II. That the City Council of the City of Plainview hereby fixes the value of said fee simple title, pursuant to appraisals attached hereto as Exhibit "A", as follow: $ 210.00 $ 325.00 $ 425.00 $ 455.00 93,750.00 $5,165.00 That the amount of $5,165.00 being the amount set forth in Section II herein, be deposited with a District Court of Hale County, Texas for the use and benefit of the owners of the property appropriated in accordance with Chapter 21 of the Texas Property Code. That the City Council of the City of Plainview, Texas finds that the appropriation of property made herein is necessary for said public purposes; that the City has been unable to agree with the owners of the property appropriated herein. SECTION That the City Attorney be, and he hereby authorized and directed to file a complaint in a court of competent jurisdiction to have a jury impaneled to make inquiry into and assess the compensation to be paid for each of the aforesaid fee~ simple titles. ~.~/ (Page 2 of 3) 179 SECTION VI. That the expenditure of $5,165.00, or so much thereof as may be necessary, from the General Fund, for the aforesaid purpose is hereby authorized. SECTION VII. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions hereof. SECTION VIII. Provisions of this. ordinance are cumulative and nothing herein shall prevent, alter or diminish the applicability or enforcement of other ordinances restricting, regulating or governing the subject matter herein. SECTION IX. Ail ordinances or portions of any ordinance of the City of Plainview, Texas in conflict herewith, are hereby amended to conform with the provisions hereof. SECTION X. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance shall be declared to be an emergency measure, and shall take effect and be in force from and after its passage and approval by the mayor. PASSED AND APPRO%~D the 23rd day of June, 1992./~ E.V. Ridlehuber, Mayor ATTEST: Kamen McBeth, City Secretary APPROVED AS TO CONTENT: / / APPROVED AS TO FORM: Wally H~t~h, City Attorney (Page 3 of 3)