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CC Resolution No. 557 825 RESOLUTION NO. 557 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS , AMENDING RESOLUTION NO. 11 CONCERNING 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 , EASEMENTS AND SIMILAR PUBLIC PROPERTIES ; PROVIDING FOR COMPENSATION TO BE PAID IN PROPER INSTANCES ; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF . 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 requesting party and the general public. WHEREAS , the City Council believes, that the City should be justly compensated for any property it abandons, except where such abandonment is for the benefit of publicly owned, tax exempt educational institutions or charitable institutions ; NOW THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS : 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 826 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 rec- ommendation 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 publicly owned, tax exempt educational institution or a charitable institution. Section 3 : That this resolution shall be come effective immediately upon its approval by the City Council . INTRODUCED, READ and PASSED by the City Council of the City of Baytown this 9th day of December 1976. TOM GENTRY, Mayor ATTEST: EILEEN P . HALL, City Clerk APPROVED: NE R(UHAN, C69ity Attorney -2-