The San Antonio light. (San Antonio, Tex.) 1883-1886, 1885-06-03
AN ORDINANCE
Providing for the Taking OF PIT
vate Property for Public Use.

BE Il Ordained by the City Council OF
the City Of San Antonio:
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 property sought
to be taken, the name Of the owner, and
his residence (if known, which said res
olution shall he filed with the City Clerk,
who shall Immediately notify the owner
or agent OF the property Of known OF
the filing OF such statement.
SRC. 2. 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.
SKC. 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 Contro-
versy Is the property OF the estate OF
deceased person or OF n min9T, and such
estate has n legal representative. or such
minor Inns n guardian, the notice shall
be served on such legal representative or
guardian.
SEC. Z. When the property In Coniro-
versy belongs to n nonresident OF the
State or to an unknown person or to
person whose residence Ia unknown,
such notice may be served upon such
owner by publication In such manner M
is proyided for service OF citation by pub
LEGATION In civil suits pending In the Dis
trict courts OF the State.
SIC. 6. The damage to accrue to the
owner by reason 81 the taking OF pri-
vate property for the use OF the city
shall he assessed by three dislnterested
freeholders 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 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 tn. City Clerk hcrelnbcfore
| 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.
sworn by the City Clerk to perform
their duties with fidelity and Impair
| TALLY.
SIC o. Said Commissioners shall with
out delay appoint II 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 rs the notice provided for In Sec. |.
SEC. 10. The Commissioners so APP
pointed In the assessment Of damages
shall be governed and controlled by Ar
ticles 1913, 4l9i. 4l95 and IlD1 of the Re
vised Statutes OF the state OF Texas, the
City occupying the position the railroad
company occupies in said sections.
SEC. IL. 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 eriy,
| II any be found TO be due, and shall date
the same and sign II, and shall lille the
said assessment, together with all other
papers connected with the case, with
the City Clerk without delay.
SEC. u. 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-
demncd provided, however, II any
party whose property is sought to be
taken be dissatisfied with the de
cision 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-
ton upon said objections shall be en-
tered upon the minutes Of the Council
and be final between the parties.
Passed and approved May Is, 1885.
| ~ BRYAN CAIIAGIIAS,
l.. =. Attest Mayor.
- Il. L. CLAUDoN, City Clerk.