The San Antonio light. (San Antonio, Tex.) 1883-1886, 1885-06-05
AN ORDINANCE
Providing for the Taking OF PIT
vate Property for Public Use.

lie II Ordained by the City Council Of
the City Of San Antonio:
SECTION |. That whenever the city
Council shall deem II necessary to take
private property for the use Of the city,
and the amount Of compensation due the
owner of such property cannot be agreed
upon, the city Council shall, by resolu-
tion. state the particular property sought
to be taken, the name OF the owner, and
his residence or known, which said res
olution shall be filed with the City Clerk,
who shall Immediately notify the owner
or agent Of the property Or known OF
the filing Of such statement.
SIC. 2. such notice shall be served by
delivering copy OF the same TO the
/ party, or his agent, and may be served
/ by any city Policeman.
/ SrC 3. The person serving said notice
/ shall return the original notice TO the
! City Clerk, with his return In writing
! thereon, stating how and when the same
was served.
! SIC. 1. when the property In cOniro-
versy Ii the property OF the estate OF
deceased person or Of n minor, aud such
estate has n legal representative. or such
minor has guardian, the notice shall
be served on such legal representatives.
guardian.
SIC. :. when the property In conlro-
yersy belongs to u Nonresident Of the
| state or to an unknown person or To
person whose residence Ia unknown,
such notice may he served upon such
owner by publication In such manner M
II provided for service Of citation by pub
location In civil suits pending In the DIS
triot courts Of the State.
SIC. q. The damage to accrue to the
owner by reason OF the taking OF prl-
vate property for the use OF the City
shall be nssessed by three disinterested
fteeholders Of the city, one TO be Sc
leoted by the owner Of the property, one
to be selected by the Mayor, and the
third to be selected by the two thus APP
pointed.
SIC. Z. In the event that the owner OF
the property shall fail to appoint the
Commissioner hereinbefore provided for
within ten days from the service OF the
notice Of the City Clerk hereinbefore
provided for, the Mayor shall appoint
such Commissioner. In the event that
the two Commissioners cannot agree
upon the selection Of the third, then the
said Commissioner shall be appointed
by the County Judge Of Bexar County
upon application by the Mayor.
/ NIC. y. Nulu chhil bt
sworn by the City Clerk to perform
their duties with fidelity and Impair
TALLY.
SIC. o. Said Commissioners shall with
out delay appoint day and place for
hearing said parties, and shall notify
said parties in writing of the time and
place selected for said hearing, which
notice shall be served In the same man
ner as the notice provided for In Sec l..
| .taat m
pointed In the assessment OF damages
shall be governed and controlled by Ar
ticles 1l93, il9l. il95 and Il9d Of the Re-
vised Statutes of the State Of Texas, the
City occupying the position the railroad
company occupies In said sections.
SIC. II. When the said Commissions
ers shall have assessed the damages,
they shall reduce their decision to writ
ing, stating therein the amount OF dam
ages due to the owner OF such prop erty,
ifany be found to be due, and shall date
the same and sign 1t, and shall file the
said assessment, together with all other
papers connected with the case, with
the City Clerk without delay.
SIC. II. Upon the approval OF said
report by the City Council and the pay.
ment of the amount OF damages award
ed or n deposit OF said amount In the cit y
treasury, subject to the order OF the
owner OF the property taken, tue CITY
shall be authorized to enter In and take
possession Of the property thus con
demncd provided, however, II any
party whose property Ia sought to b,
taken be dissatisfied with the de
csion OF such Commissioners, hi
may within ten days after the sam,
has been filed with the City ClerI
file his opposition thereto In writing
setting forth the particular cause o.
causes of his objection, whereupOn tn
City Council shall proceed TO hear AM
pass upon said objections, and their nc
lion upon said objections shall be an
tered upon the minutes of the Counc
and be final between the parties.
Passed and approved May Is, 1880.
e ~ BRYAN CAILAGIAS,
: l.. =. Attest Mayo
. - Il. Z. CLAUDoS, city Clerk.