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Ordinance No. 11,195ORDINANCE NO. 11,195 AN ORDINANCE OF TI IE CITY COUNCIL OF THE CITY OF BAYTOWN. TEXAS, .AUTHORIZING THE CITY ATTORNEY TO MAKE A FINAL OFFER FOR AND ON 13EHALF OF THE CITY OF BAYTOWN TO THE OWNER OR OTIIER PARTIES IN INTEREST FOR THE ACQUISITION OF 220 W. PEARCE STREET, BAYTOWN. I IARRIS COUNTY. TEXAS. W111C1 -I IS REQUIRED FOR TI-IF DEVELOPMENT OF ONE OR MORE DEVELOPMENT PROJECTS IN THE TEXAS .AVENUE AREA, REQUIRING THAT SUCH OFFER BE ACCEPTED WITHIN FIFTEEN 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 property described hereinbelow; and WHEREAS, negotiations with the owner of the property described hereinbelow have been fruitless, as title problems exist with the property; and WI IEREAS, the City Council considers it necessary that the City of Baytown exercise the right of eminent domain to acquire private property for the public purpose of the development of one or more development projects in the Texas Avenue area; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section l: That the City Attorney is hereby authorized and directed to make the offer listed below to the below named owner, or other parties in interest believed to be the true owners of said property or to the actual real and true owners thereof, whether correctly named or not. for the purchase and acquisition by the City of Baytown of property necessary for the development of one or more development projects in the Texas Avenue area. SQUARE AMOUNT PROPERTY DESCRIPTION FEET OWNER TO BE OFFERED The property is located at 220 W. FourpleX Pearce St, Baytown. Harris Apartment County. Texas, and is more fully 5,000 Ronnie G. Hill and/or $ 84 000.00 Building described in Exhibit "A." which is I lerlinda Gerlindo attached hereto and incorporated herein for all intents and purposes. TOTAL S84,000.00 Section 2: Such offer shall provide that it the offer should not be accepted within fifteen days after receipt, the City of Baytown will consider such offer refused and will institute condemnation proceedings on behalf of the City of Bavtown under any applicable provisions of the law, whether provided by Chapter 21 of the Texas Property Code. Chapter 251 of the Local Government Code, the Charter ofthe City of Baytown, Texas. or other provisions. Section 3: Should such offer be accepted, the money above set forth shall be paid out of any appropriation heretofore made for the public purposes for which the above - described tract is required. Should such offer not be accepted, the amount finally awarded to the owner in the condemnation proceeding, plus costs, fees and expenses shall be paid out of such funds so appropriated. Section 4: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED. READ. and PASSED by the affirmative vote q�the City Council of the City of Baytown. this the ?4th day of September. 2009. X ARLOS. AYIARZA, Inter)fn City C APPROVED AS TO FORM: ACIO RAMIREZ, SR.. City rney 1 cobsrvI'degaVKarenlFdes'City Council ',Ordinances''2009'.September 24l EminentDomainOrdinance2 2OWPearce.doc