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Ordinance No. 1,285.y ORDINANCE NO. 1285 AN ORDINANCE AUTHORIZING THE CITY ATTORNEY TO OFFER FOR AND ON BEHALF OF THE CITY OF BAYTOWN, TEXAS, THE SUM OF EIGHT HUNDRED AND NO /100 ($800.00) 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 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 deter- mines 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 T, 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 Tine of Garth Road; THENCE South 1 015'44" 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 EIGHT HUNDRED AND NO /100 ($800.00) 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 a 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 improve Garth Road in Baytown, Farris 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 speci- fied, 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 12th day of October 1972. C. GLEN WALKER, Mayor ATTEST: EDNA OLIVER, City Clerk APPROVED: , GUY Attorney -2-