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CC Resolution No. 1347 2574 RESOLUTION NO. 1347 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, SUPPORTING ACTION BY CONGRESS TO AMEND THE FEDERAL FAIR HOUSING ACT AND THE FAIR HOUSING ACT AMENDMENTS TO RETURN ZONING AND USE CONTROLS TO LOCALITIES WHEN SITING GROUP HOMES IN SINGLE-FAMILY NEIGHBORHOODS; ENDORSING H.R. 3206; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS, H.R. 3206 amends the federal Fair Housing Act and the Fair Housing Act Amendments to protect the right of local governments to use nondiscriminatory regulations which further the objectives of public safety and preserving residential neighborhoods; and WHEREAS, H.R. 3206 is designed to protect the First Amendment rights of both residents (from liable lawsuits or other sanctions) when petitioning their local governments to voice opposition to the siting of a group home and local officials when responding to complaints from constituents; and WHEREAS, H.R. 3206 requires that fair housing complaints be filed in sufficient detail to allow a local authority to prepare an informed response and defense; and WHEREAS, the proposed legislation clarifies that familial status protection would apply only to groups of persons related by blood, marriage or adoption, and with respect to a child under the age of 18 years living in a foster care arrangement with persons who are so related; and WHEREAS,the proposed legislation requires a group home operator,wishing to site group home, to exhaust a locality's zoning and use process, thus allowing the locality the opportunity to make "reasonable accommodations" before a fair housing complaint can be filed; and WHEREAS, the bill allows cities to regulate the proximity of one group home to another to prevent a concentration of homes in a particular neighborhood or even on a particular block; and WHEREAS, the bill would allow the cities to regulate the number of recovering substance abusers permitted to live in a group home in a single-family neighborhood; and WHEREAS, H.R. 3206 allows cities to prohibit siting a group home in a single-family neighborhood which would house handicapped persons, who have been convicted of a crime for which a term of imprisonment greater than one year may be imposed, or juveniles adjudicated delinquent on the basis of conduct that would constitute such a crime if committed by an adult; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown hereby endorses and encourages action by Congress to amend the federal Fair Housing Act and the Fair Housing Act Amendments to protect the right of local governments to use nondiscriminatory regulations which further the objectives of public safety and preserving residential neighborhoods. 2575 Section 2: That the City Council of the City of Baytown hereby specifically endorses the Fair Housing Amendments Act of 1998, H.R. 3206. Section 3: That the City Council of the City of Baytown believes this action by the Congress will be most beneficial to all residents of cities nationwide. Section 4: This resolution shall take effect immediately 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 121h day of March, 1998. /J,� C. Q.21f a-w PETE C. ALFAR , Mayor ATTEST: EILEEN P. HALL, City Clerk APPROVED AS TO FORM: dnlqACIO RAMIREZ, ., City Attorney c:kih79\Council\Resol utions\SupportHR3206.FairHousingResol ution 2