CC Resolution No. 11 R E 5 0 L U T I 0 N
NO. 11 - 1 - 63
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN ESTABLISHING POLICIES AND PROCEDURES FOR
THE ABANDONMENT, ABOLISHMENT AND RELINQUISHMENT
BY THE CITY OF ITS RIGHTS, POWERS AND OWNERSHIP
IN AND TO ITS STREETS, ALLEYS, SIDEWALKS, EASE-
MENTS AND SIMILAR PUBLIC PROPERTIES; PROVIDING
FOR COMPENSATION TO BE PAID TO THE CITY IN PROPER
INSTANCES AND P20VIDING FOR THE EFFECTIVE DATE
THEREOF.
WHEREAS, the City of Baytown holds, manages, controls and owns, as a
public trust, the streets, alleys, sidewalks, easements and similar public
properties within its corporate limits; and
WHEREAS, from time to time, the City is asked to abandon a portion of
its public properties (usually by and for the benefit of one or more abutting
property owners; and
WHEREAS, the City Council, realizing that it is endowed with a public
trust for the general welfare of all its inhabitants, believes that it only
should abandon public property when it is to the mutual advantage of the re-
questing party and the general public.
WHEREAS, the City Council believes that the City should be justly com-
pensated for any property it abandons, except where such abandonment is for
the benefit of charitable institutions; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN:
Section 1: That any person, firm or corporation desiring the City of
Baytown to abandon a portion of its property shall first make application with
the City Manager. The City Manager, with the advice and counsel of the proper
Department Heads, particularly the City Engineer, Director of Public Works and
Fire Chief, shall make a study of the propriety of such requested application
and make his recommendation to the City Council. This study shall include an
estimate of the fair market value of the property.
Section 2: In the event public property is abandoned by the Council,
the benefited person, firm or corporation making such application shall pay
the City a sum of money commensurate with the value of his abutting property;
provided, that such payment may be waived at the discretion of the City Council
if such applying entity is a charitable institution.
Section 3: That this resolution shall become effective immediately
upon its approval by the City Council.
INTRODUCED, READ and PASSED by the City Council of the City of Baytown
this 24th day of January, 1963.
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Al Clayton, Mayor
ATTES
Edna Oliver, City Clerk