HomeMy WebLinkAboutResolution - 090976K - Contract - Highlines Construction Co - Forrest Heights Addition - 09_09_1976JWF:bsb
RESOLUTION
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WHEREAS, the City Council of the City of Lubbock, Texas, has hereto-
fore authorized the construction of an electrical transmission line by a
contract entered into with Highlines Construction Company, Inc. , .same
being dated August 14, 1975, reference being hereby made thereto for all
pertinent purposes, and pursuant thereto the Right of Way Department made
an offer of $140. 00 unto Richard C. Sugarek and wife, Margaret A. Sugarek,
for the purchase of a utility easement across their property for the place-
ment and/or construction of said electric transmission line in such easemen
which offer was refused; and,
WHEREAS, it is expedient and in the public interest to ratify and confirl
such offer as a matter of formal public record and to authorize eminent
domain proceedings be taken to acquire such easement in light of said refu-
sal of said offer, NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK,
TEXAS:
SECTION 1. THAT the construction of the said electrical transmission
line pursuant to the contract referred to in the preamble hereof is and was
a public necessity and there is and was a public need therefor in order to
provide for the needs of the public for electrical energy in the City of
Lubbock, Lubbock County, Texas, and said utility easement is needed in
connection with such project by the City of Lubbock, Texas.
SECTION 2. The offer of $140. 00 made to Richard C. Sugarek and wife,
Margaret A. Sugarek is in all things ratified and confirmed as of the times
and dates such offer was heretofore made by the Right of Way Department of
the City of Lubbock, Texas, and the refusal of said offer by said Richard C.
Sugarek and Margaret A. Sugarek is hereby noted as a matter of record, and
this City. Council hereby finds and determines such offer has been refused.
Said sum of $140. 00 is hereby ratified, confirmed, and determined (for
acquisition) to be reasonable under the circumstances herein.
SECTION 3. By reason of the aforesaid refusal of said offer, the City
Attorneyts Office of the City of Lubbock, Texas is hereby authorized and
directed to institute and proceed in eminent domain on behalf of said City to
acquire title to a utility easement for said electrical transmission line by
cross -bill in condemnation in the case of Richard C. Sugarek and wife,
Margaret H. Sugarek, against the City of Lubbock, Texas, being Cause No.
83, 565 in the 72ND DISTRICT COURT of Lubbock County, Texas, as author-
ized by Article 3269, Vernon's Annotated Civil Statutes of Texas, and Sub-
divisions 13 and 15 of Article 1175, Vernon's Annotated Civil Statutes of
Texas. The utility easement to be acquired (and so authorized hereby) is
located in, over, upon, along, under and across the following described
tract of land:
The East 11 feet of Lot 201, Block 2, Forrest Heights Addition to the
City of Lubbock, Lubbock County, Texas
Passed by the City Council this 9th day of September 2 1976.
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ROY ISASSP MAYOR
ATTEST:
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reva Phillips, Ci Secretary -Treasurer
APPROVED AS TO FORM:
Fred O. Senter, Jr.. City Attorney