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Ordinance No. 1,251ORDINANCE NO. 1251 AN ORDINANCE AUTHORIZING THE CITY ATTORNEY TO OFFER FOR AND ON BEHALF OF THE CITY OF BAYTOWN, TEXAS, THE SUM OF SIX HUNDRED AND NO /100 ($600.00) DOLLARS TO JACK WILSON, AND WIFE, SADIE WILSON, FOR THE AC- QUISITION OF CERTAIN INTERESTS IN CERTAIN PROPERTY DESCRIBED HEREIN REQUIRED FOR PUBLIC USE, FOR STREET, ROAD AND HIGHWAY PURPOSES, IN FEE SIMPLE; REQUIRING THAT SUCH OFFER BE ACCEPTED WITHIN FIVE (5) DAYS; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PRO- CEEDINGS IN THE EVENT SUCH OFFERS ARE REFUSED; PROVIDING FOR THE EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of Baytown now finds and de- termines 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 parcel of land out of the Harvey Whiting Survey, A -840, being a part of Lot 1, Block 3, Glen Arbor, Section Two as recorded by a replat of the subdivision in Volume 55 at Page 37 of the Harris County Map Records, Harris County, Texas, being more particularly described by metes and bounds as follows: BEGINNING at the Point of Intersection of the North right -of -way line of Texas State Highway Loop 201 with the East right -of -way line of Garth Road; THENCE North 88 °22'00" East with the North right -of --way line of Texas State Highway Loop 201 a distance of 40.0 feet to a corner; THENCE North 46 026`52" West a distance of 56.39 feet to a point in the East right -of -way line of Garth Road; THENCE South 1 °15'44" East with the East right -of -way line of Garth Road a distance of 40.0 feet to the POINT OF BEGINNING enclosing a tract of land containing 0.0184 acres 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 SIX HUNDRED AND NO /100 ($600.00) DOLLARS for the said tract above described to Jack Wilson and wife, Sadie Wilson, or other parties in interest believed to be the true owners of said property, or to the actual 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 tract, to -wit: in fee simple, which said interest in said tract is required for the following public purpose, to -wit: to widen and im- prove Garth Road 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 be 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 owners 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 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 6th day of July 1972. C. GLEN WALKtR, Mayor ATTEST: EDNA OLIVER, City Clerk APPM/Fn• -2-