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CC Resolution No. 62 RESOLUTION NO. `= A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTO'e'JN DETEMP1INING THAT PROPERTY OI]NERS i.,AY PETITION THE COUNCIL FOR INIAJOR IMPROVEi.;ENTS TO STREETS ON A PARTICIPATION BASIS; PROVIDING THAT SUCH PETITIONS ':]ILL BE ADVISORY ONLY AND THE COUNCIL i.�AY ACT AT ITS DISCRETION; DEFINING L;NJOR II.iPROVL;.ILNTS ,+ND DETEPS.IINING THE PARTICI- PATION BASIS BET'JEEN THE CITY AND THE ABUTTING PROPERTY OIJNERS. IJHEREAS, property owners may petition the City Council for major improvements to streets, on a participation basis ; provided that such petitions will be advisory only and the Council may ignore same or act in the absence of petitions ; and IJHEREAS, major improvements are defined as projects wherein the cost of the job exceeds 50;0' of the cost of the original street construc- tion, based on the City Engineer' s estimate, using current cost prices ; and UHLREAS, the City Council may determine where major improvements are needed and may require property owners to participate in such im- provements; NO':J, THEREFORE., BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOJN: That the City Council of the City of Baytown is cognizant of the fact that many streets are in need of permanent improvement and it shall improve same, at its discretion. That such improvements shall be constructed on a participation basis between the City and the abutting property owners. The -City' s and the property owners ' share of the project shall be arrived at by the following method: A. Curb and Gutter: The abutting property owners shall pay all of the costs of constructing the curb and gutter except the curb and gutter turn-arounds at street inter- sections , which shall be considered as and added to the costs of improving the adjacent street. Each property owner' s share of the curb and gutter shall be determined by arriving at the total cost of such improvements then dividing the number of linear feet of property he has abutting same. The City Council will determine whether or not curbs and gutters are to be required in major im- provement street projects . 1. Storm Sewers: The City shall pay all of the costs whatsoever of any storm sewers that may be needed as an incident to improving a street. C. Street Improvements: The City and the abutting pro- perty owners shall participate in the improvements to a street on the basis of one-third (1/3rd) of the total to be allocated to each , that is , the property owners , col- lectively, shall pay two-thirds (2/3rds) of the total costs of improving such streets and the City shall pay the remaining one-third (1/3rd) . In allocating such costs, any street width in excess of thirty-one ( 311 ) feet shall be borne solely by the City. D. Credit for Existing Curb and Gutter: The abutting property owners shall receive a credit which shall be de- ducted from their cost for any curbs and gutters which were previously constructed according to the City' s plans and specifications and under the City' s supervision; provided that such curbs and gutters are still usable, or are not defective through any fault of the abutting property owner. The consideration that such abutting property owner shall receive as a credit shall be based on a replacement cost estimate prepared by the City Engineer, using current cost prices and approved by the City Council . That the t:iayor and City Clerk are hereby authorized and directed to execute this Resolution and the City Administration is directed to properly publicize same. INTRODUCED, RZ,Z and P„SSliD by the affirmative vote of a majority of the City Council this 12 day of November 1964. C. L. Liggett, I.I.D. , Liayor ..TTEST: Edna Oliver, City Clerk APPROVED: George Chandler, City ;,ttorney