HomeMy WebLinkAbout00-3248Ordinance No. 00-3248
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 imerest 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 easemem;
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/ti:
A parcel of land situated in the City of Plainview, Hale County, Texas and being
particularly described as follows:
A 1.55 acre tract out of Section 16, Block D6, Hale County, 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 "A', as follows:
Parcel #1 $5,119.00
SECTION III.
That the amount of $5,119.00 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
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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 $5119.00, 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.
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 25th day of April, 2000.
K}tren~vIcBeth,'City Secretary
APPROVED AS TO CONTENT:
J~s P Jgl~'ersf, C~t~ager
APPROVED AS TO FORM:
~;qally~H~tc~, City Attorney
Ordinance No. 00-3248
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