The San Antonio light. (San Antonio, Tex.) 1883-1886, 1885-05-27
AN ORDINANCE
Providing for the Taking OF PR.
vate Property for Public Use.


SECTION /. That whenever the City
Council shall deem 1t 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 properly 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 a copy Of the same to the
party, or his agent, and may be served
by any City Policeman.
SIC. 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.
SEC. 1. When the property in oontro-
versy Is the property OF the estate of
deceased person or Of n minor, and such
estate has legal representative, or such
minor has a guardian, the notice shall
be served on such legal representative or
guardian.
NlsA. d. W men lHt property w NoHtio-
veTsy belongs TO n nonresident OF the
State or to an unknown person or to n
person whose residence Is unknown,
such notice may be served upon such
owner by publication in such manner MS
Is provided for service Of citation by pub
LEGATION In civil suits pending in the Dis
trict courts of the state.
SEC. q. The damage to accrue to the
owner by reason of the taking OF pri-
waite property for the use of the City
shall be assessed by three disinterested
freeholders of the city, one to be Sc
lected 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.
SEC. 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 tn. 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 tue
said Commissioner shall be appointed
by the County Judge of Bexar County
upon application by the Mayor.
SEC. $. said Commissioners shall be
sworn by the City Clerk to perform
their duties with fidelity and Impair
TALLY.
SIC. .. 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 he served in the same man
ner as the notice provided for In Sec. |.
SIC. 10. The Commissioners so APP
pointed in the assessment of damages
shall be governed and controlled by Ar
tiGles 1893, 4l0l, 4l05 and il96 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 Commission
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 property,
If any be found to be due, and shall date
the same and sign it, 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 deposit Of said amount in the city
treasury, subject to the order of the
owner Of the property taken, the city
shall be authorized to enter in and take
possession OF the property thus con-
demned; provided, however, If any
party whose property is sought to be
taken be dissatisfied with the de-
csion of such Commissioners, he
may within ten days after the same
has been filed with the City Clerk
file his opposition thereto in writing,
setting forth the particular cause or
causes of his objection, whereupon the
City Council shall proceed to hear and
pass upon said objections, and their ac-
iion upon said objections shall be en-
tered upon the minutes of the Council
and be final between the parties.
Passed and approved May Is, 1855.
- BRYAN CALLAGIIAN,
l.. :. Attest Mayor.
t. +. i. CLAUDoN, City Clerk. a.