HomeMy WebLinkAbout00-3275ORDINANCE NO. 00-3275
AN ORDINANCE OF THE CITY OF PLAINVIEW AUTHORIZING THE
CONDEMNATION OF PRIVATE PROPERTY TO BE USED FOR THE
PURPOSE OF A PERMANENT UTILITY EASEMENT; SEVERABILITY
CLAUSE; CUMULATIVENESS CLAUSE; CONFLICTS CLAUSE; AND
EFFECTIVE DATE.
WHEREAS, the City of Plainview, in the best interest of its citizens, has formulated a plan
for extending a portion of a permanent utility easement which extends from Highway 70 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 easement; and
WHEREAS, the City Council of the City of Plainview now finds it necessary to condemn
the property that must be acquired to develop said easement;
NOW, THEREFORE, THE CITY OF PLAINVIEW HEREBY ORDAINS:
SECTION I.
That a permanent easement over, along, under, across, and through the following
described parcel of real estate be, and the same hereby is appropriated for the public purpose of a
permanent utility easement, pursuant to and in accordance with Chapter 21 of the Texas Property
Code, to wit:
Parcel #1 (Weldon Henry):
A parcel of land situated in the City of Plainview, Hale County, Texas and being
particularly described as follows:
Lots 18 and 19, Clear View Acres Subdivision, Hale County, Texas (2200 Block E. 5th
Street, Plainview, Texas)
SECTION II.
That the City Council of the City of Plainview hereby fixes the value of said permanent
easement over, along, under, across, and through said parcel, pursuant to the appraisal attached
hereto as Exhibit AA~--, as follows:
Parcel # 1 $1,721.00
Total $1,721.00
Ordinance No. 00-3275
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SECTION III.
That the amount of $1,721.00 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.
SECTION IV.
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 V.
That the City Attorney be, and he hereby authorized and directed to file a compliant in a
court of competent jurisdiction to have a jury impaneled to make inquiry into the assess the
compensation to be paid for each of the aforesaid fee simple titles.
SECTION VI.
That the expenditure of $1,721..00, or so much thereof as may be necessary, from the
Highway 70 Fund (36-31-6841) aforesaid purposes 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.
All ordinances or portions of any ordinance of the City of Plainview, Texas in conflict
herewith, are hereby amended to conform with the provisions hereof.
Ordinance No. 00-3275
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SECTION X.
That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this
ordinance shall take effect and be in force from and after its passage and approval by the mayor.
PASSED AND APPROVED the 4th day of JanUary, 2001.
Christina Bonner, Deputy City Secretary
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
Ordinance No. 00-3275
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