Ordinance No. 1,208ORDINANCE NO. 1208
AN ORDINANCE AUTHORIZING THE CITY ATTORNEY TO OFFER
FOR AND ON BEHALF OF THE CITY OF BAYTOWN, TEXAS, THE
SUM OF THREE HUNDRED NINETY -EIGHT AND 901100
398.90 DOLLARS TO JACK B. STOUT FOR THE
ACQUISITION OF A PERMANENT EASEMENT 20 FEET IN WIDTH
AND A TEMPORARY CONSTRUCTION EASEMENT 30 FEET IN WIDTH
AS HEREIN DESCRIBED REQUIRED FOR PUBLIC USE, FOR INSTALLATION
OF A NEW SANITARY SEWER LINE; REQUIRING THAT SUCH OFFER
BE ACCEPTED WITHIN FIVE (5) DAYS; DIRECTING THE CITY
ATTORNEY TO INSTITUTE 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 interests in the following described tract or parcel
of land, to -wit:
BEING a permanent easement 20 feet in width and a temporary construction
easement 30 feet in width; said construction easement lying parallel to
and wholly on the South side of the aforementioned 20 foot wide permanent
easement; said easements being over and across that certain 0.58 acre
Stout tract of land out of the William Scott Upper League, Survey A -66;
centerline of said 20 foot wide permanent easement being the South line
of an existing easement conveyed to the City of Baytown by Jack B. Stout
by deed recorded in Volume 3368 at Page 445 of the Harris County Deed
Records, Harris County, Texas.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section_i_ That the City Attorney be, and he is hereby, authorized and
directed to make an offer of Three Hundred Ninety -Eight and 90/100 ($398.90)
DOLLARS for the said tract above described to Jack B. Stout, believed to
be the true owner of said property, or to the actual real and true owner
or owners thereof, whether herein correctly named or not, for the acquisition
by the City of Baytown of the following described interest in the said tract,
to -wit: a permanent easement 20 feet in width and a temporary construction
easement 30 feet in width, which said interest in said tract is required
for the following public purpose, to -wit: to install new sanitary sewer
l ne in Baytown, Harris County, Texas.
Section 2: Such offer shall provide that if it should not be accepted
within five (5) days after receipt, the City of Baytown will consider such
offer refused and will institute condemnation proceedings.
Section 3: In the event that such offer is refused, either expressly
or by failure of the owner to unconditionally accept the same within the
time specified, the City Attorney is hereby authorized to institute 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,
Chapter 17 of Title 28 of said Statutes, the Charter of the City of Baytown,
or any other provisions.
Section 4: Should such offer be accepted, the sum of money above
set forth shall be paid out of any appropriation heretofore made for the
public purpose for which the above described tract is required. Should
such offer not be accepted, the amount finally awarded to the owner in
the condemnation proceedings, plus costs, fees and expenses, shall be paid
out of such funds so appropriated.
Section 5: Effective Date: This ordinance shall take effect from
and after fts passage by the City Council of the City of Baytown.
INTRODUCED, READ and PASSED by an affirmative vote of the City Council
of the City of Baytown on this the 6th day of April 1972.
C. GLEN WALKER, Mayor
ATTEST:
EDNA OLIVER, City Clerk
APPROVED:
7
{AR SON , i ty Attorney
THE STATE OF TEXAS
COUNTY OF HARRIS
I, EDNA OLIVER, the duly appointed and acting City Clerk of the City
of Baytown, Harris County, Texas, do hereby certify that this is a true
copy of Ordinance No. /J o g , passed by the City Council of the City of
Baytown, at a special meeting, April(, 1972.
WITNESS my hand and seal of the City this the ay of April, 1972.
Edna Oliver, City Clerk
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