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Ordinance No. 1,214ORDINANCE NO. 1214 AN ORDINANCE AUTHORIZING THE CITY ATTORNEY TO OFFER FOR AND ON BEHALF OF THE CITY OF BAYTOWN, TEXAS THE SUM OF FOUR HUNDRED TWENTY -FIVE AND NO /100 ($425.00) 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 EF- FECTIVE 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 1: That the City Attorney be, and he is hereby, authorized and directed to make an offer of Four Hundred Twenty -Five and no /100 ($425.00) DolTars 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 line 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 con- demnation 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 its 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 25th day of April_ ,1972. C. GLEN WALKER, Mayor ATTEST: ate EDNA OLIVER, City Clerk APPROVED: , .I 1 , City Attorney -2-