Ordinance No. 3,44720826 -5
ORDINANCE NO. 3447
AN ORDINANCE AUTHORIZING THE CITY ATTORNEY TO MAKE
AN OFFER FOR AND IN BEHALF OF THE CITY OF BAYTOWN,
FOR FIFTEEN THOUSAND SIX HUNDRED FORTY SIX & 92/100
($15,646.92) DOLLARS TO THE OWNERS, OR OTHER
PARTIES IN INTEREST FOR THE ACQUISITION OF CERTAIN
INTERESTS IN A TRACT DESCRIBED HEREIN REQUIRED
FOR A DRAINAGE 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 additional land for the Bayway
Drive /Baker Road Drainage Project, such land being described in
Exhibit "A", attached hereto and made a part hereof for al
intents and purposes; 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 Fifteen Thousand Six
Hundred Forty Six & 92/100 (15,646.92) Dollars for the said tract
above described, to the R. L. Miller Estate, 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
a drainage easement for the Bayway Drive /Baker Road Drainage
Project.
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
20826 -5a
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, 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
August , 1982.
X11149MIN "M 1
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED:
RANDALL B. STRONG, City orney
-2-