Ordinance No. 821ORDINANCE No. 821
AN ORDINANCE AUTHORIZING THE CITY ATTORNEY TO OFFER FOR AND ON BEHALF
OF THE CITY OF BAYTOWN, TEXAS, FOUR HUNDRED THIRTY -TWO AND NO /100
($432.00) DOLLARS TO NELSON A. MARTIN AND WIFE, BESSIE BROWN MARTIN;
JOHN RAYMOND MARTIN AND WIFE, MARY BRUNSON MARTIN; HARVEY W. MARTIN,
A SINGLE MAN; ELIZABETH M. .MARTIN, A FEME SOLE; JOHN RAYMOND MARTIN,
ADMINISTRATOR OF THE ESTATE OF WILLIAM HENRY MARTIN, DECEASED;
PATRICIA B. MARTIN, A WIDOW; ANN R. MARTIN, A WIDOW; WILLIAM
FREDERICK MARTIN AND WIFE, BETTY ANN MILLER MARTIN; ELIZABETH ANN
MARTIN STABLEIN AND HUSBAND, JOHN E. STABLEIN; BONNIE HAZEL MARTIN,
A WIDOW; COLLIN WAYNE MARTIN AND WIFE, GLADYS BISHOP MARTIN; BONNIE
KATHRYN MARTIN YOUNG AND HUSBAND, W. T. YOUNG; EDNA OPHELIA HEASLET,
A FEME SOLE; HAZEL ODESSA HEASLET GENTRY AND HUSBAND, BILL GENTRY;
AND FRANCES HEASLET McMANUS, A WIDOW FOR THE ACQUISITION OF CERTIN
INTEREST IN CERTAIN LANDS DESCRIBED IN SAID ORDINANCE REQUIRED FOR
PUBLIC USE FOR STREET, ROAD AND HIGHWAY PURPOSES, IN FEE SIMPLE, RE-
QUIRING THAT SUCH OFFER BE ACCEPTED WITHIN FIVE DAYS; DIRECTING THE
CITY ATTORNEY TO BRING CONDEMNATION PROCEEDINGS IN THE EVENT SUCH
OFFER IS REFUSED; PROVIDING FOR THE EFFECTIVE DATE HEREOF.
WHEREAS, the City Council of the City of Baytown now finds and
determines that public convenience and necessity require that the City of
Baytown acquire the following described interest in the following described
tract or parcel of land, to -wit:
Being a parcel of land out of the Harvey Whiting Survey, Harris County,
Texas, being a portion of that 16 acre tract of land conveyed by Fred
Martin to John C. Martin, et al, by deed dated October 20, 1928, and
recorded in Volume 785 at Page 733 of the Deed Records of Harris
County, Texas, said parcel being a strip of land 10 feet in width ad-
jacent to the Westerly right -of -way line of North Main Street and being
more particularly described by metes and bounds as follows, to -wit:
BEGINNING at the Southeast corner of the abovementioned 16 acre tract
of land;
THENCE, North 00 degrees 35 minutes East, along the Westerly right -of-
way line of North Main Street, a distance of 160.0 feet to the North-
east corner of the said 16 acre tract;
THENCE, South 89 degrees 50 minutes West, along the North line of said
16 acre tract, a distance of 10 feet to a point;
THENCE, South 00 degrees 35 minutes West, parallel to and 10 feet from
the Westerly right -of -way line of North Main Street, a distance of
160.0 feet to a point in the South line of said 16 acre tract;
THENCE, North 89 degrees 52 minutes East, along the South line of said
16 acre tract, a distance of 10 feet to the POINT OF BEGINNING and con-
taining 1,600 square feet of land, more or less.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS:
Section 1: That the City Attorney be and he is hereby authorized
and directed to make an offer of Four Hundred thirty -two and no /100 ($432.00)
Dollars to Nelson A. Martin and wife, Bessie Brown Martin; John Raymond
Martin and wife, Mary Brunson Martin; Harvey W. Martin, a single man;
Elizabeth M. Martin, a feme sole; John Raymond Martin, Administrator of the
Estate of William Henry Martin, deceased; Patricia B. Martin, a widow; Ann
R. Martin, a widow; William Frederick Martin and wife, Betty Ann Miller
Martin; Elizabeth Ann Martin Stablein and husband, John E. Stablein; Bonnie
Hazel Martin, a widow; Collin Wayne Martin and wife, Gladys Bishop Martin;
Bonnie Kathryn Martin Young and husband, W. T. Young; Edna Ophelia Heaslet,
a feme sole; Hazel Odessa Heaslet Gentry and husband, Bill Gentry; and
Frances Heaslet McManus, a widow, believed to be the owner or owners of said
property or to the real and true owners thereof, whether herein correctly
named or not, for the purchase and acquisition by the City of Baytown of
the following described interest in the said property, to -wit: in fee
simple, which said interest in said property is required for the following
public purpose, to -wit: to widen and improve North Main Street in Baytown,
Harris County, Texas.
Section 2: Such offer shall provide that if it should not be
accepted within five (5) days, the City of Baytown will consider such offer
refused and bring condemnation proceedings.
Section 3: In the event that such offer be refused, either ex-
pressly or by failure of the owners to unconditionally accept the same
within the time limit, the City Attorney is hereby authorized to bring con-
demnation proceedings on behalf of the City of Baytown under any applicable
provisions of the law, whether provided by Title 52 of the Revised Civil
Statutes, or Chapter 17 of Title 28 of said statutes, or the Charter of
the City of Baytown or any other provisions.
Section 4: The City Council hereby directs that, should such offer
be accepted, the amount of money above set forth be paid out of any appro-
priation heretofore made for the public purpose for which the above
described property is required; and if such offer be not accepted, that the
amount finally awarded to the alleged owners in the condemnation proceedings,
plus costs, fees and expenses, be paid out of such funds so appropriated.
Section 5: Effective Date: This ordinance shall take effect from
and after its passage by the City Council of the City of Baytown.
OR
INTRODUCED, READ and PASSED by the affirmative vote of a majority
of the members of the City Council of the City of Baytown on this the 8th day
of September, 1966.
Seaborn Ivey, Mayor
ATTEST:
Y
Edna Oliver, City Clerk
APPROVED AS TO FORM:
George Ch ndler, City Attorney
THE CITY OF BAYTOWN I
COUNTY OF HARRIS I
STATE OF TEXAS I
I, Edna Oliver, City Clerk of the City of Baytown, Texas, do hereby
certify that this is a true and correct copy of Ordinance No. of the
City of Baytown, Texas, passed on the 8th day of September, A.D., 1966.
Witness my hand and seal of office of the City of Baytown, Texas,
this the 8th day of September, A.D., 1966.
Edna Oliver, City Clerk