Ordinance No. 15,962 ORDINANCE NO. 15,962
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
DECLARING THE NECESSITY TO ACQUIRE ONE(1)TRACT OF LAND FOR THE
FIRE STATION NO. 2 REPLACEMENT PROJECT; DETERMINING THE PUBLIC
NECESSITY FOR SUCH ACQUISITION; AUTHORIZING THE ACQUISITION OF
PROPERTY RIGHTS NECESSARY FOR THE FIRE STATION NO. 2
REPLACEMENT PROJECT;APPOINTING AN APPRAISER AND NEGOTIATOR AS
NECESSARY; AUTHORIZING THE CITY MANAGER OF THE CITY OF
BAYTOWN, TEXAS, TO ESTABLISH JUST COMPENSATION FOR THE
PROPERTY RIGHTS TO BE ACQUIRED; AUTHORIZING THE CITY MANAGER
OR DESIGNEE TO TAKE ALL STEPS NECESSARY TO ACQUIRE THE NEEDED
PROPERTY RIGHTS IN COMPLIANCE WITH ALL APPLICABLE LAWS AND
ORDINANCES; AND AUTHORIZING THE CITY ATTORNEY OR DESIGNEE TO
INSTITUTE CONDEMNATION PROCEEDINGS TO ACQUIRE THE PROPERTY IF
PURCHASE NEGOTIATIONS ARE NOT SUCCESSFUL; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
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WHEREAS, the City Council of the City of Baytown,Texas("City Council"), has determined that
it is necessary to acquire one (1) tract of land ("Real Property") for the Fire Station No. 2 Replacement
Project("Project"); and
WHEREAS, the City Council has determined that a public use and necessity exists to acquire the
Real Property for the Project for the public purpose of construction, operation, and maintenance as part of
the Project; and
WHEREAS,the tract of land is more particularly described in Exhibit"A,"which is attached hereto
and incorporated herein for all intents and purposes;and
WHEREAS, the City Council desires that the City Manager, or designee, take all necessary steps
to acquire the needed property interests,including,but not limited to,the retention of appraisers, surveyors,
engineers, title examiners or researchers, and other consultants and experts, and that the City Attorney, or
designee, negotiate the purchase of the property interests and, if unsuccessful in purchasing the needed
property interests, to institute condemnation proceedings to acquire the Real Property; NOW
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section 1: That all of the above recitals are hereby found to be true and correct legislative and
factual findings of the City Council of the City of Baytown, Texas, and they are hereby approved and
incorporated into the body of this Ordinance as if copied in their entirety.
Section 2: That the City Council hereby finds and determines that a public use and necessity
exists for the Project and for the City of Baytown to acquire the necessary property rights in the Real
Property deemed necessary for the Project as allowed by law, together with all necessary appurtenances,
additions and improvements in,over,under, and through those certain lots,tracts or parcels of land.
Section 3: The City Manager,or designee,is authorized and directed to take all necessary steps
to acquire the needed property interests,including,but not limited to,the retention of appraisers,surveyors,
engineers,title examiners or researchers,and other consultants and experts.
Section 4: The City Attorney, or designee, is authorized and directed to negotiate for and to
acquire the required property rights for the City of Baytown, and to acquire said rights in compliance with
State and Federal law. Moreover, the City Attorney, or designee, is specifically authorized and directed to
do each and every act necessary to acquire the needed property rights, including, but not limited to, the
authority to negotiate, give notices, make written offers to purchase, prepare contracts, to retain and
designate a qualified appraiser of the property interests to be acquired, as well as any other experts or
consultants that are deemed necessary for the acquisition process and,if necessary,to institute proceedings
in eminent domain.
Section 5: The City Manager, or designee, is appointed as negotiator for the acquisition of the
needed property interests and,as such,the City Manager,or designee,is authorized and directed to do each
and every act and deed hereinabove specified or authorized by reference,subject to the availability of funds
appropriated by the City Council for such purpose.
Section 6: The City Manager, or designee, is authorized and directed to provide relocation
assistance to displaced property owners or tenants if necessary.
Section 7: This ordinance shall take effect immediately from and after its passage by the City
Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of
Baytown this the 24"'day of October, 2024.
dft
A DON APETILLO, Mayor
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ANGEL C SON, City I ,r�L Pam`z
O �APPROVED T FORM:
SCOTT LE OND,City Attorney
R:Ordinances and Resolutions+Ordinance Drafts\2024-10-24Drdinancc Declaring Public Necessity Eminent Domain-Fire Station No.2
Replacement Project.docx
2
EXHIBIT "A" 0
GESSNER
ENGINtr_RING
September, 2024
Project No. 24-0597-05
0.172 Acre
Page 1 of 2
0.172 acre
William Scott Survey, Abstract 66,
City of Baytown, Harris County, Texas
Field notes for a 0.172 acre tract of land, lying in and being situated out of the Wiliam Scott Survey,
Abstract 66, Harris County,Texas and being all of that certain 0.168 acre tract of land conveyed to
Omar Mendez by deed, recorded in File No.20090076736,Official Public Records of Harris County,
Texas, said 0.172 acre tract being more particularly described as follows:
BEGINNING at a 1/2" iron rod with cap stamped "GESSNER"set in the southeasterly right-of-way line of
Market Street (100' R.O.W.) for the northerly corner hereof and said Mendez 0.168 acre tract, the
westerly corner of that certain tract of land conveyed to Richard W Park by deed, recorded in File No.
20090076736 of said official records,from which said POINT OF BEGINNING a 1/2" iron rod found bears
South 320S8'29" East a distance of 0.92 feet;
THENCE South 32°58'29" East a distance of 136.74 feet to a 1/2" iron rod with cap stamped "GESSNER"
set in the northwesterly line of that certain 3.109 acre tract of land conveyed to Hudson Street
Properties, LLC by deed, described in File No. RP-2019-463431 of said official records for the easterly
corner hereof and said Mendez 0.168 acre tract, being the southerly corner of said Richard W. Park tract;
THENCE South 31035'29"West a distance of 55.73 feet a 1/2" iron rod with cap stamped "GESSNER"set
for the southerly corner hereof and said Mendez 0.168 acre tract, being the easterly corner of that
certain 0.195 acre tract of land conveyed to Lupe Gomez Alaniz by deed, recorded in file No. R560299 of
said official records;
THENCE North 32059'17"West pass at a distance of 157.13 feet to a 1/2" iron rod found and continuing
for a total distance in all of 160.78 feet to a 1/2" iron rod with cap stamped "GESSNER" set in the
southeasterly right-of-way line of said Market Street for the westerly corner hereof and said Mendez
0.168 acre tract, being the northerly corner of said Alaniz 0.195 acre tract;
Civil. CONSTRUCTION MATERIALS TESTING GEOTECHNICAL STRUCTURAL SUM EYING
Page 2 of 2
THENCE with the southeasterly right-of-way line of said Market Street for the northwesterly line hereof
North 57002'55" East a distance of 50.37 feet to the PLACE OF BEGINNING, containing 0.172 acre of
land, more or less.
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