AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN
EARNEST MONEY CONTRACT WITH DR. RICHARD THOMSON,
INDIVIDUALLY AND AS TRUSTEE AND AS SUCCESSOR IN INTEREST OF THE
BAYTOWN EYE CLINIC ASSOCIATES PROFIT SHARING TRUST, AND AS
TRUSTEE AND AS SUCCESSOR IN INTEREST OF THE BAYTOWN EYE CLINIC
ASSOCIATES PENSION TRUST; RICHARD THOMSON, TRUSTEE; JOHN H.
ANDREWS, M.D., INDIVIDUALLY AND TRUSTEE AND AS SUCCESSOR IN
INTEREST OF THE BAYTOWN EYE CLINIC ASSOCIATES PROFIT SHARING
TRUST, AND AS TRUSTEE AND AS SUCCESSOR IN INTEREST OF THE
BAYTOWN EYE CLINIC ASSOCIATES PENSION TRUST; DR. JAMES
MCKINNON, INDIVIDUALLY AND TRUSTEE AND AS SUCCESSOR IN
INTEREST OF THE BAYTOWN EYE CLINIC ASSOCIATES PROFIT SHARING
TRUST, AND AS TRUSTEE AND AS SUCCESSOR IN INTEREST OF THE
BAYTOWN EYE CLINIC ASSOCIATES PENSION TRUST; JIMMIE F. HILL AND
ROBERT E. HILL, JR., CO-TRUSTEES OF THE TESTAMENTARY TRUSTS
CREATED UNDER THE WILL OF ROBERT E. HILL, DECEASED; JANE BAILEY
HAYTON, F/K/A JANE BAILEY EICHELBERGER; WILLIAM HILLORY
BRIDGES, JR., INDIVIDUALLY AND AS INDEPENDENT EXECUTOR OF THE
ESTATE OF LENORA P. BRIDGES AND TRUSTEE OF THE WILLIAM HILLORY
BRIDGES TESTAMENTARY TRUST; AND CHARLES PLOUDIN BRIDGES FOR A
5.1-ACRE TRACT LOCATED BETWEEN N. MAIN STREET AND BARKALOO
ROAD FOR A DETENTION POND FOR THE BAKER ROAD EXTENSION
PROJECT; AUTHORIZING PAYMENT OF A PURCHASE PRICE FOR SUCH
PROPERTY IN AN AMOUNT NOT TO EXCEED NINETY-TWO THOUSAND ONE
HUNDRED NINETY-SIX AND NO/100 DOLLARS ($92,196.00); AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1:
That the City Council of the City of Baytown, Texas, hereby authorizes the City
Manager to negotiate and execute an Earnest Money Contract with the owners of a 5.1-acre tract of land
located between N. Main Street and Barkaloo Road, who may include the following:
1. Dr. Richard Thomson, Individually and as Trustee and as successor in interest of the Baytown
Eye Clinic Associates Profit Sharing Trust, and as Trustee and as successor in interest of the
Baytown Eye Clinic Associates Pension Trust;
2. Richard Thomson, Trustee;
3. John H. Andrews, M.D., Individually and Trustee and as successor in interest of the Baytown Eye
Clinic Associates Profit Sharing Trust, and as Trustee and as successor in interest of the Baytown
Eye Clinic Associates Pension Trust;
4. Dr. James McKinnon, Individually and Trustee and as successor in interest of the Baytown Eye
Clinic Associates Profit Sharing Trust, and as Trustee and as successor in interest of the Baytown
Eye Clinic Associates Pension Trust;
5. Jimmie F. Hill and Robert E. Hill, Jr., Co-Trustees of the Testamentary Trusts created under the
Will of Robert E. Hill, Deceased;
6. Jane Bailey Hayton, f/k/a Jane Bailey Eichelberger;
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7. William Hillory Bridges, Jr., individually and as Independent Executor of the Estate of Lenora P.
Bridges and Trustee of the William Hillory Bridges Testamentary Trust; and
8. Charles Ploudin Bridges.
The property is a 5.1-acre tract located between N. Main Street and Barkaloo Road and more particularly
described in the Earnest Money Contract. Such Contract shall be under terms and conditions acceptable
to the City Manager and the City Attorney.
Section 2:
That the City Council of the City of Baytown authorizes payment of a purchase
price for the property subject to the agreement authorized in Section 1 hereof in an amount not to exceed
NINETY-TWO THOUSAND ONE HUNDRED NINETY-SIX AND NO/100 DOLLARS ($92,196.00).
Section 3: That the City Manager is hereby granted general authority to approve any change
involving a decrease or an increase in costs of FIFTY THOUSAND AND NO/100 DOLLARS
($50,000.00) or less, subject to the provision that the amount authorized in Section 2 hereof may not be
increased by more than twenty-five percent (25%).
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 of the City Council of the City of
Baytown this the 14th day of June, 2012.
____________________________________
STEPHEN H. DONCARLOS, Mayor
ATTEST:
_______________________________
LETICIA BRYSCH, City Clerk
APPROVED AS TO FORM:
_______________________________
IGNACIO RAMIREZ, SR., City Attorney
R:\Ignacio Ramirez\Earnest Money Contract for Detention Pond A.docx
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