Ordinance No. 1,410ORDINANCE NO.1410
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS,
REPEALING ORDINANCE NO.1342,INTRODUCED,READ AND PASSED IN AN
EXECUTIVE SESSIONJANUARY 11,1973,AND DECLARING SAID ORDINANCE
TO HAVENO FORCE AND EFFECT,AND AUTHORIZING THE CITY ATTORNEY
TO OFFER FOR AND ON BEHALF OF THE CITY OF BAYTOWN,TEXAS,THESUM
OF ONE THOUSAND SIX HUNDRED NINETY-FOURAND 03/100 ($1,694.03)
DOLLARS,TO BETTY LOU SUMMERS AND H.E.SUMMERS,OR OTHER PARTIES
IN 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 OFFER
BE ACCEPTED WITHIN FIFTEEN (15)DAYS;DIRECTING THE CITY ATTORNEY
TO PROCEED WITH CONDEMNATION PROCEEDINGS IN THE EVENT SUCH OFFER
IS REFUSED;PROVIDING FORTHEEFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section 1:That Ordinance No.1342,introduced,read and passed
inan executive session on January 11,1973,is herebyrepealed and declared
to have no force and effect.
Section 2:That the City Council of the City of Baytown hereby finds
and determines that public convenience and necessity require that the City
of Baytown acquire the following described interest in the following described
tract orparcel of land,to-wit:
BEING a parcel ofland situated in the William Scott Lower League,A-65,Harris
County,Texas,and being a partof Lot 1,Block 4 of Danubina Court,Section 1,
as recorded by plat in Volume 17at 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°17'East,with the East line of Lot 1,a distance of
10.01 feet;
THENCE,North 71°00'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 tothe Point of Tangency;
THENCE,South 71°00'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 1256.875squarefeet(0.029acres)more or less.
NOW THEREFORE,BEIT 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 One Thousand Six Hundred Ninety-Four and 03/100
($1,694.03)Dollars for the said tract above described;to Betty Lou Summers
and H.E.Summersor other parties in interest believed tobethe true owners
of saidproperty,or to the actual real and true owners thereof,whether herein
correctlynamed ornot,for the purchase and acquisition by the City of Baytown
of the following described interest in the said tract,to-wit:in fee simple,
whichsaid interest in said tract is required for the following publicpurposes,
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
offerrefused and will proceed with 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 proceed with 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 ofTitle 28of said Statutes,the Charter of the City of Baytown,or any
otherprovisions.
Section 4:Should such offer be accepted,the sum of money above
set forth shall be paidout 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 andexpenses,shall be paid outof such funds
so appropriated.
Section 5:Effective Date:This ordinance shall take effectfrom
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 24th day of May ,1973.
TOM GENTRY,Mayor
ATTEST:
EDNA OLIVER,City Clerk
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S,
APPROVED:
Attorney
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