Ordinance No. 3,69531006 -3
ORDINANCE NO. 3695
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK OF
THE CITY TO EXECUTE AND ATTEST TO AN AGREEMENT WITH THE
FEDERAL EMERGENCY MANAGEMENT AGENCY FOR THE AC[AUISITION
OF PROPERTY UNDER SECTION 1362, PUBLIC LAW 90 -488; AND
PROVIDING FOR THE EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the City Council of the City of Baytown hereby authorizes
and directs the Mayor and City Clerk of the City of Baytown to execute and attest
to an agreement with the Federal Emergency Management Agency for the
acquisition of property under Section 1362, Public Law 90 -488. A copy as said
agreement is attached hereto, marked Exhibit "A ", and made a part hereof for all
intents and purposes.
Section 2: This Ordinance shall take effect immediately 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 of the City of Baytown, this the 6th day of October, 1983.
z 1/' � �- 1 , � � �
ALLEN CANNON, Mayor
ATTEST:
LEEN P. HALL, City Clerk
APPROVED:
RANDALL B. STRONG, Cit torney
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EXHIBIT "A"
31006 --3b
AGREEMENT FOR PROPERTY ACGXJ I S I T I ON
Under Section 1362, Public Law 90 -488
This Agreement, entered into this day of ,
19 , by and between the City of Baytown, hereinafter referred
to as the "Community ", and the Federal Emergency Management
Agency, hereinafter referred to as "FEMA ".
Whereas, the City of Baytown wishes to participate in a
program of property acquisition pursuant to Section
1362 to the National Flood Insurance Act of 1968, PL
90 -488, as amended, and
Whereas, the Federal Emergency Management Agency (FEMA)
has identified real property which is eligible under
statutory criteria for consideration for purchase by
FEMA pursuant to Section 1362, and
Whereas, as a condition of participation in a program
of property acquisition under Section 1362, the
Community must agree to certain requirements and
commitments,
NW M-EREFORE, BE IT RESOLVED, that the City of Baytown, hereby:
1. Assures and agrees with FEW to accept conveyance to title
to the real property identified as: all eligible property
Iocated within the Brownwood Hazard Area as described by
City of Baytown Ordinance No. 3669 subject to and
conditioned upon its acquisition by FEI/A pursuant to Section
1362; and
2. Agrees that delivery of a Quit Claim Deed for the property
described shall be accepted by the Community immediately
after and at the same closing or settlement at which FEW
takes title from the property owner {a "simultaneous
closing "); and
3. Agrees to join in the execution of the deed mentioned in 2.
above, which shall include and be subject to the following
provisions:
a. Title to the real property shall be subject to specific
restrictive covenants that the land is dedicated in
perpetuity for open space purposes; that the community
shall not erect or permit to be erected any structures
or other improvements on the land, unless such
structures are, except for restrooms, open on all sides
and functionally relate to open space use, all of the
31006 -3c
AGREEMENT FOR PROPERTY ACQUISITION (Under Section 1362, Public
Law 90 -4BB)
foregoing restrictive covenants and agreements to run
with the land and be binding on subsequent successors,
grantees, and assigns;
b. FEMA shall reserve all present rights and any further
rights which may occur to enforce the restrictive
covenants or agreements both at law and in equity. The
Community shall agree that it shall not convey the
property or interest therein without the express
written approval and consent of the Director, Federal
Emergency Management Agency or his successors or
assigns. The Community shall agree that any breach or
threatened breach of the covenants and conditions may
be enjoined upon application of the United States of
America. In addition, the Director, Federal Emergency
management Agency or his successors or assigns shall
have the option to repurchase the subject premises for
the sum of One Dollar ($1.00) if:
( I ) FEMA notifies the Chief Executive Officer of the
Community in writing within 30 days from the date that
FEW receives notice of the violation; and
(2) The Community is given 90 days from the date of
notice to remove or correct any alleged violation.
C. That the property is transferred subject to zoning and
building laws and ordinances; easements, agreements,
reservations, covenants and restrictions of record; any
state of facts an accurate survey might show;
encroachments and variations from the record Iines of
hedges, retaining walls, sidewalks and fences; any
prior reservation of minerals.
4. Agrees that the Community will remove all improvements and
debris including any concrete slabs or foundations, which
are not to be reused under the Re -use Plan from the land and
restore the site to its natural environment or planned reuse
by either:
a. Demolition, in the event FEMA enters into a contract for
the purchase of the real property from the property
owner under which the consideration for the sale is the
fair market value of the real property with no allowance
being made for a deduction from the purchase price of
the salvage value of any remaining improvements; or
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AGREEMENT FOR PROPERTY ACQUISITION (Under Section 1362, Public
Law 90 -488)
b. Public sale of the improvement(s) for salvage value, in
the event FEMA enters into a contract for the purchase
of the real property from the property owner under which
the consideration for the sale is the fair market value
of the real property with no allowance being made for
the deduction from the purchase price of the salvage
value of any remaining improvements; or
c. Transfer by donation of the improvements) to the
original owner for relocation to land outside of any
flood risk area, in the event FEMA enters into a
contract for the purchase of the real property from the
property owner under which the consideration for the
sale is the fair market value of the real property less
a deduction from the purchase price of the salvage value
of any remaining improvements.
5. Agrees that any proceeds resulting from the removal of any
improvement(s) from the land pursuant to 4.a. or 4.b., above
shall be returned to FEMA after deducting the reasonable
costs of conducting such removal;
6. Agrees that the provisions of 4. and 5., above, shall
survive delivery of the deed;
7. Agrees that any general and special assessments, sewer
rents, water charges, utility charges and similar expenses
which may accrue subsequent to FEMA's purchase of the
property are not to be apportioned between the parties but
are to be assumed by the Community.
B. Agrees that the property is to be conveyed in an "as is"
condition with no representations having been made by FEMA
as to the condition of the property;
9. Agrees that FEMA is not responsible for compliance with any
notes or notices of violations of law or local ordinances,
orders or requirements, issued by any governmental body
having jurisdiction against or affecting the premises;
10. Agrees that the deed shall convey to the Community fee
simple title;
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AGREEIVENT FOR PROPERTY ACQUISITION (Under S e c t i o n 1362, P u b l i c
Law 90 -488)
11. Agrees that FEMA shall convey and the Community shall accept
marketable title (except as otherwise provided in the
Agreement), that expenses of title examination, survey and
related costs in conveying the property from FEMA to the
Community shall be borne by the Community and, if the
Community shall assert objections to the marketability of
title (other than matters to which title made subject in the
Agreement), FEMA shall be entitled to a reasonable
adjournment to remove such objections but shall not be
obliged to bring any action or proceeding or to incur any
unreasonable expense in order to render title marketable. In
the even such objections cannot be removed, all rights and
liabilities of the parties shall cease under the Agreement,
unless the Community elects to accept such title as FEMA is
able to convey; FEW shall assume all costs for title search
and closing in transfer of title from the current owner to
FEMA;
12. Agrees that all State and local revenue, and documentary
stamps, grantor's or grantee's realty transfer taxes,
recording charges and similar expenses shall be borne by the
Commun i t y;
13. Agrees that FEMA makes no representations as to the kind,
number, condition and title to any fixtures and articles of
personal property attached or appurtenant to or used in co-
nnection with property;
14. Agrees that the Agreement may not be modified or assigned by
the Community without the prior written consent of the
Director, Federal Emergency Management Agency, or his
successors or assigns;
15. Agrees that risk of loss or damage to the property from
natural or other casualty of any kind following transfer of
title to FEMA, shall be borne by the Community;
lb. Assures FEMA that the official executing this Agreement is
authorized to enter into the Agreement on behalf of the
Community and that the transaction is authorized as
evidenced by the appropriate instruments attached hereto and
made a part hereof;
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AGREEMENT FOR PROPERTY ACQUISITION (Under Section 1362, Public
Law 90 -458)
17. Understanding that this Agreement is subject to and
conditioned upon the ability of FEMA to acquire the real
property and should FEMA's contract vendor fail, for any
reason, to deliver title, as provided for in the contract
for the sale of the real property to FEMA, all rights and
obligations of the parties shall cease.
18. Certifies to FEMA that no duplication of Federal benefits
will knowingly occur for any Section 1362 assistance being
provided.
IN WITNESS W- EREOF , WE HAVE HERETO SET OUR HAND S ) AND SEAL S ) AS
FOLLOWS:
JERRY D. STER-TENS, REGIONAL DIRECTOR, DATE
FEMA REGION VI
ALLEN C/W\0N, Mayor DATE
ATTEST:
EILEEN P. HALL, City Cleric