CC Resolution No. 433 RESOLUTION NO. 433
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN , TEXAS,
ESTABLISHING A POLICY WITH REGARD TO PETITIONS FOR STREET IM-
PROVEMENT ON AN ASSESSMENT BASIS.
WHEREAS, the City Council of the City of Baytown, Texas , is aware that a
number of streets and thoroughfares in the City are in a state of disrepair; and
WHEREAS, Article 1105b, Vernon 's Texas Civil Statutes , provides that the
governing body of any city shall have the power to assess all the cost of con-
struction, reconstructing, repairing and realigning curbs , gutters , and sidewalks
and not exceeding nine-tenths of the estimated cost of all improvements exclusive
of the curbs, gutters , and sidewalks against property abutting upon the street
or thoroughfare; and
WHEREAS, the City Council of the City of Baytown is of the opinion that
the owners who are interested in improving their streets and are willing to
share in the improvement cost thereof on a voluntary basis should have available
to them a 1Aethod to secure the desired improvements ; and
WHEREAS, the policy with regard to the number of abutting property owners
required to initiate a street improvement project has been the subject of much
discussion and change, and the City Council desires to establish a policy with
regard to such petitioning for improvements to streets ; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN :
Section 1 : That, henceforth streets and thoroughfares in the City of Bay-
town shall be improved on an assessment basis pursuant to the provisions of
Article 1105b, Vernon's Texas Civil Statutes, after receipt of a petition signed
by sixty-five (65%) percent of the owners of property abutting said street or
thoroughfare, wherein the signatories promise to pay their prorata share of the
construction cost and further promise to sign a Mechanic's and Materialman's Lien
with the successful contractor.
It is specifically provided, however, that City Council may vary from the
sixty-five (65%) percent policy, by authorizing the initiation of street im-
provement on an assessment basis upon receipt of a petition signed by more or
less than sixty-five (65%) percent of the property owners abutting a street or
thoroughfare if in its opinion undue hardship would result from the strict
application of that policy, or if in its opinion the best interest of the City
of Baytown would be served by such variance.
Section 2: This Resolution shall take effect 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
on this 22nd day of March 1973.
C. GLEN WALKER, Mayor
ATTEST:
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EDNA OLIVER, City Clerk
APPROVED:
A/ /A
o
WE—EERIPARDSON, City Attorney
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