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.
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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
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