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
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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
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