Ordinance No. 822ORDINANCE NO. 822
AN ORDINANCE AUTHORIZING THE CITY ATTORNEY TO OFFER FOR AND ON BEHALF
OF THE CITY OF BAYTOWN, TEXAS, FOUR HUNDRED TWENTY AND 90/100
($420.90) DOLLARS TO DAVID M. MAXWELL FOR THE ACQUISITION OF CERTAIN
INTERESTS 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 certain tract of land con-
veyed to David M. Maxwell by deed dated May 26, 1962, and recorded
in Volume 4750 at Page 291 of the Deed Records of Harris County,
Texas; said parcel being a strip of land 10 feet in width adjacent
to the Westerly right -of -way line of North Main Street and being
more particularly described by metes and bounds, as follows:
BEGINNING at the Southeast corner of the above mentioned Maxwell
tract of land;
THENCE, North, along said Westerly right -of -way line of North Main
Street, a distance of 140.30 feet to a point, said point being the
Northeast corner of said Maxwell tract of land;
THENCE, West, along the North line of said Maxwell tract of land,
a distance of 10 feet to a point;
THENCE, South, parallel to and 10 feet from the Westerly right -of-
way line of North Main Street, a distance of 140.30 feet to a
point in the South line of said Maxwell tract of land;
THENCE, East, along the South line of said Maxwell tract of land,
a distance of 10 feet to the POINT OF BEGINNING and containing
1403 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 twenty and 90/100 ($420.90)
Dollars to David M. Maxwell, 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 express-
ly or by failure of the owners to unconditionally accept the same within the
time limit, the City Attorney is hereby authorized to bring condemnation
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.
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.
ATTEST:
f
Seaborn Crave}', Mayox
Edna Oliver, City Clerk
APPROVED AS TO FORM:
LAS �ZJ
George Ch dler, City Attorney
19
THE CITY OF BAYTOWN X
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. Z 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