Ordinance No. 2,92000626 -5
ORDINANCE NO. 2920
AN ORDINANCE AUTHORIZING THE CITY ATTORNEY TO MAKE AN
OFFER FOR AND ON BEHALF OF THE CITY OF BAYTOWN FOR ONE
THOUSAND FOUR HUNDRED TWENTY -SEVEN AND 95/100 ($1,427.95)
DOLLARS TO THE OWNERS, OR OTHER PARTIES IN INTEREST FOR
THE ACQUISITION OF CERTAIN INTERESTS IN A TRACT DESCRIBED
HEREIN REQUIRED FOR AN UNDERGROUND UTILITY EASEMENT;
REQUIRING THAT SUCH OFFER BE ACCEPTED WITHIN FIFTEEN
(15) DAYS; DIRECTING THE CITY ATTORNEY TO INSTITUTE
CONDEMNATION PROCEEDINGS IN THE EVENT SUCH OFFER IS
REFUSED; AND 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 land described
in Exhibit "A," attached hereto and made a part hereof for
all intents and purposes; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN:
Section l: That the City Attorney be, and he is hereby
authorized and directed to make an offer of One Thousand
Four Hundred Twenty -Seven and 95/100 ($1,427.95) Dollars for
the said tract above described, to C. E. Moore, or other
parties in interest believed to be the true owner of said
property, or to the actual real and true owner thereof,
whether correctly named or not, for the purchase and acquisition
by the City of Baytown of the easement interest in the said
tract that is required for an underground utility easement
for the West District Sewer Treatment Plant.
Section 2: Such offer shall provide that if the offer
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
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on behalf of the City of Baytown under any applicable pro-
visions of the law, whether provided by Title 52 of the
Revised Civil Statutes, Chapter 17 of the Title 28 of said
Statutes, the Charter of the City of Baytown, or any other
provisions.
Section 4: Should such offer be accepted, the 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: This ordinance shall take effect from and
after its passage.
INTRODUCED, READ, and PASSED by the affirmative vote of
the City Council of the City of Baytown on this the 26th day
of June , 1980.
EMMETT 0. HUTTO, Mayor
ATTEST:
ILEEN P. HALL, City Clerk
APPROVED:
ANDALL B. STRONG, City Atto�ey
Wn
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E X H I B I T "A