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Ordinance No. 1,364ORDINANCE NO. 1364 AN ORDINANCE AUTHORIZING THE CITY ATTORNEY TO OFFER FOR AND ON BEHALF OF THE CITY OF BAYTOWN, TEXAS, THE SUM OF TWO THOUSAND SEVEN HUNDRED THIRTY AND NO /100 ($2,730.00) DOLLARS, TO HARRIS COUNTY FEDERAL SAVINGS AND LOAN ASSOCIATION, OR OTHER PARTIES INTEREST, FOR THE ACQUISITION OF CERTAIN INTERESTS IN A CERTAIN TRACT DESCRIBED 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 0.021 acre tract of land out of the William Scott Survey A -65 in Harris County, Texas, and being within the City of Baytown, Harris County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at the point of intersection of the westerly right -of -way line of State Highway 146 and the southerly right -of -way line of Ward Road, said point being the POINT OF BEGINNING of the herein described tract of land; THENCE, North 76 045' West for a distance of 200.00 feet along the southerly right -of -way line of Ward Road to a point for corner; THENCE, South 71 002' East for a distance of 50.25 feet to a point for corner; THENCE, South 76 °45' East for a distance of 138.7 feet to a point for corner; THENCE, South 31 °45' East for a distance of 11.2 feet for a point for corner on the westerly right -of -way line of State Highway 146; THENCE, northerly along a curve to the right having a radius of 5,729.58 feet, with the westerly right -of -way line of State High- way 146 for a distance of 13.4 feet+ to the POINT OF BEGINNING. 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 di- rected to make an offer of Two Thousand Seven Hundred Thirty and No /100 ($2,730.00) Dollars for the said tract above described; to Harris County Federal Savings and Loan Association 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 cor- rectly 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 Ward Road 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 re- fused 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 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 8th day of February 1973. / r' C. GLEN WALKER, Mayor ATTEST: G c EDNA OLIVER, City Clerk APPROVED: NEEL RIC ARDSON, City Attorney -2-