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Ordinance No. 1,342ORDINANCE NO. 1342 AN ORDINANCE AUTHORIZING THE CITY ATTORNEY TO OFFER FOR AND ON BEHALF OF THE CITY OF BAYTOWN, TEXAS, THE SUM OF ONE THOUSAND ONE HUNDRED NINETY -FOUR AND 03/100 ($1,194.03) DOLLARS, TO BETTY LOU SUMMERS AND H. E. SUMMERS OR OTHER PARTIES INTEREST, FOR THE ACQUISITION OF CERTAIN INTERESTS IN A CERTAIN TRACT DESCRIBED HEREIN REQUIRED FOR PUBLIC USE, FOR STREET, ROAD AND HIGHWAY PURPOSES, IN FEE SIMPLE; REQUIRING THAT SUCH OFFERS BE ACCEPTED WITHIN FIFTEEN (15) DAYS; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS 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 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 situated in the William Scott Lower League, A -65, Harris County, Texas, and being a part of Lot 1, Block 4 of Danubina Court, Section 1, as recorded by plat in Volume 17 at Page 16 of the Harris County Map Records, and being more particularly described by metes and bounds as follows: BEGINNING at the Southeast corner of the above mentioned Lot 1; THENCE, North 21 017' East, with the East line of Lot 1, a distance of 10.01 feet; THENCE, North 71 000' West, a distance of 132.76 feet to a point in a curve to the left forming the Southwesterly line of Lot 3; THENCE, with the curve to the left having a radius of 30.00 feet, a curvi- linear distance of 25.23 feet to the Point of Tangency; THENCE, South 71 000' East, with the South line of Lot 1, a distance of 110.00 feet to the POINT OF BEGINNING enclosing a tract of land containing 1256.875 square feet (0.029 acres) more or less. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS: Section 1: That the City Attorney be, and he is hereby authorized and directed to make an offer of One Thousand One Hundred Ninety -Four and 03/100 ($1,194.03) Dollars for the said tract above described; to Betty Lou Summers and H. E. Summers 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 improve Defee and Sterling Streets in Baytown, Harris County, Texas. Section 2: Such offer shall provide that if it should not be accepted within fifteen (15) 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 pur- pose 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 its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by an of the City of Baytown on this the 11th �°l C. CLE ATTEST: EDWOLIVER, City Clerk APPROVED: City Attorney -2- affirmative vote of the City Council day of January 1973. V WALKER, Mayo