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CC Resolution No. 1664 59 RESOLUTION NO. 1664 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ESTABLISHING A POLICY CONCERNING THE ANNEXATION OF ROADS OR STREETS ADJACENT TO PROPERTY SUBJECT TO A PETITION FOR ANNEXATION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS, the City annexes properties upon approval of pet accordance with Chapter 43 of the Texas Local Government Code; and WHEREAS, in the past, a person petitioning the City for anne ` the City with a legal description of the petitioner's property and has road or street in the request; and WHEREAS, in some instances, the City has evaluated the annexation request and determined that it would be prudent to annex the adjacent road or street in order to avoid a street to be surrounded by property, which has been annexed by the City, and/or to avoid confusion over law enforcement and other authority related to the roads or streets; and WHEREAS, the City Council deems it efficient to establish a procedure whereby roads or streets adjacent to properties, which are the subject of an annexation petition, be annexed, if the annexation of such roads or streets is determined to be appropriate by the City; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: All matters and facts set forth in the recitals above are found to be true and correct. Section 2: That the City Council of the City of Baytown, Texas, hereby establishes the following procedure concerning the annexation of roads or streets adjacent to property subject to a petition for annexation: (1) Upon receipt of a petition for annexation by more than 50 percent of the real property owners in the area proposed for annexation, the City will evaluate the petition and shall determine whether a road or street, which is not incorporated into the City at the time of the petition for annexation, exists adjacent to the property subject to the petition. (2) If such a road or street exists, the City Clerk will notify the various City departments to obtain feedback as to whether the road or street should be annexed. 60 (3) If it is determined by the City Manager,based upon the information obtained from the various City departments, that the road or street should be annexed, the City Clerk will notify the petitioner and shall request the petitioner to provide a legal description of such road or street — the cost of which shall be bome by the petitioner. (4) The requested annexation will not proceed to public hearings until a metes and bounds description of the adjacent street or road is provided as required by the City pursuant to this policy. Section 3: This resolution shall take effect immediately from and after its passage by the City Council of the City of Baytown, Texas. INTRODUCED, READ and PASSED, by the affirmative vote of the City Council of the City of Baytown this the 22nd day of July, 2004. CALVIN MUNDINGER, Mayor ATTEST: GARY '. SMIlrtyClerk APPROVED AS TO FORM: G ACIO RAMIREZ, SR., Ci ttomey VABdc2\liHgationAKerenAFilesACity CoaocilAResolutionsVAnnexationAdjacent➢ioadway.doc 2