The San Antonio light. (San Antonio, Tex.) 1883-1886, 1885-05-28
AN ORDINANCE
Providing for the Taking OF Pri-
vate Property for Public Use.

BE 1t Ordained by the City Council Of
the city Of san Antonio:
SEcriuN |. 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 property sought
to he taken, the name of the owner, and
his residence On known, which said res
olution shall be filed with the City Clerk.
who shall Immediately notify the owner
or agent of the property tif known Of
the filing Of such statement.
SIC. ?. such notice shall be served by
delivering n 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.
SIC. I. When the property In oontro-
versy IL the property Of the estate of n
deceased person or Of n minor, and such
estate has legal representative. or such
minor has n guardian, the notice shall
be served on such legal representative or
guardian.
SIC. .. When the property In contro-
Versy belongs to n nonresident Of the
State or to AN unknown person or to Il
person whose residence II unknown,
such notice may be served upon such
owner by publication In such manner as
is provided for service Of citation by pub
LEGATION In civil suits pendI. n the Dis
trict courts OF the state.
SIC. q. The damage to ace ne to the
owner by reason OF the taking Of pri-
waite property for the use Of the City
shall be assessed by throe disinterested
frceholders 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 ap-
| pointed.
SIC. :. 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.
SIC. $. Said Commissioners shall be
sworn by the city Clerk to perform
their duties with fidelity and Impair
| TALLY.
| SEc. .. said Commissioners shall with
out delay appoint n 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
| lao. F.r In 1
SIC. 10. The Commissioners so ap.
pointed In the assessment of damages
shall be governed and controlled by Ar.
tioles 1893, ll9i. il95 and 1876 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 prop erty
If any be found to be due, and shall dat,
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 sait
report by the City Council and the pay
ment of the amount of damages award
ed or deposit of said amount in the Cit
treasury, subject to the order Of tn
owner of the property taken, the cit!
shall be authorized to enter in and taxi
possession of the property thus con
demncd; provided. however, If an!
party whose property is sought to b,
taken be dissatisfied with the de
csion of such Commissioners, h
may within ten days after the sam
has been filed with the City Clerl
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 &C
ton upon said objections shall be en-
tered upon the minutes of the Counc
and be final between the parties.
Passed and approved May Is, 1885.
~ BRYAN CALLAGHAN,
L.. T. Attest Mayor
- f.. l.. CLAuDON, City Clerk. :