CC Resolution No. 302 RESOLUTION NO. 302
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN PRO-
VIDING FOR A UNIFORM STREET ASSESSMENT PROCEDURE FOR MAJOR
IMPROVEMENTS TO ALL STREETS WHICH ARE IMPROVED WITHIN THE
CITY LIMITS UNDER PROPERTY OWNER ASSESSMENT PROCEDURES;
PROVIDING FOR THE EFFECTIVE DATE HEREOF.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: All major improvements to all streets located within
the City limits, which are to be improved by property owner rssessment
procedures , shall be done according to the provisions of this resolution.
Section 2: All streets, whether residential, residential thoroughfares,
commercial, or major thoroughfares, shall be improved according to the
assessment procedures provided herein.
Section 3: Assessments for improvements shall be made as follows :
(a) Curbs, gutters and sidewalks shall be assessed on the
basis of the full estimated costs .
(b) All other improvements, exclusive of curbs, gutters and
sidewalks, shall be assessed on the basis of ninety (90%)
percent of the estimated costs of such improvements .
(c) With regard to (b) above, each abutting property owner
shall be assessed ninety (90%) percent of the estimated
costs of one-half (1/2) of such other improvements, i .e. ,
forty-five (45%) percent of the total costs of such estimated
improvements. A property owner owning property abutting both
sides of the improvements shall be assessed the full ninety (90%)
percent.
Section 4: The estimated costs of curbs and gutters shall be made
on the assumption that the paving will be asphaltic, regardless of whether
the paving to be done is to be concrete or asphaltic. It is the intention
of this provision to assess the actual cost to the City of providing the
equivalent of conventional curbs and gutters , without regard to the fact
that with concrete paving only a monolithic curb is added.
Section 5: The full assessment pertaining to the estimated costs
of the other improvements shall be made on the Front Foot Plan; provided,
however, that should the City's real estate expert witness testify that
the special benefits in enhanced value to certain of the abutting parcels
shall not be as great as the full proposed assessment, that the assessment
be reduced so as to coincide with such enhanced value. In making a determination
of enhancement to the abutting parcels, it is the City's intention that
the appraiser take into consideration the present or potential use of
the property, whether the property is front, side or rear facing to the
improvements, whether deed restrictions apply to the property, and all
other considerations which would affect enhancement .
Section 6: The City shall continue the policy of allowing deferred
installments for the payment of assessments, together with accrued interest
thereon. It shall be the policy of the City to specify an interest rate
on the unpaid balance of the assessments in keeping with current economic
conditions, but not to exceed the maximum rate of eight (8%) percent as
allowed by law.
Section 7: Effective Date: This resolution shall become effective
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 18th day of November, 1970.
i
C. GLEN WALKER, Mayor
ATTEST:
1
n Oct
EDNA OLIVER, City Clerk
APPROVED:
WILLIAM R. LAUGHLIN, City A torney