CC Resolution No. 2025 - FEMA Buyout Program, withdrawl RESOLUTION NO. 2025
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
DIRECTING THE CITY MANAGER TO DECLINE THE NATIONAL FLOOD
INSURANCE PROGRAM/HAZARD MITIGATION GRANT; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
WHEREAS, the Federal Emergency Management Agency ("FEMA") Repetitive Flood Property
Buyout Program ("the Buyout Program") is a partnership between FEMA and local government to
provide owners of high flood risk properties with an opportunity to sell those properties at fair market
value and permanently remove them from National Flood Insurance policies; and
WHEREAS, the Buyout Program places various requirements on local governments participating
in the program, including, but not limited to, demolishing the existing structure on the buyout property,
prohibiting the placement or construction of any new permanent structure on such property, and retaining
the property in perpetuity as open space;and
WHEREAS, in 2006,the City of Baytown applied for approximately ONE MILLION FOUR
HUNDRED THOUSAND AND NO/100 DOLLARS ($1,400,000.00) in FEMA grant funds to try to
purchase up to seventeen (l 7) homes designated as Repetitive Loss Properties under FEMA's National
Flood Insurance Program(NFIP); and
WHEREAS, in May 2007, then Mayor Mundinger was notified that the City of Baytown had
been awarded the grant as requested; and
WHEREAS, thereafter, the City initiated the process of notifications, appraisals, and purchase
negotiations for repetitive loss properties; and
WHEREAS, over the past 18 months, the City has acquired 168 N. Burnett, 527 S. Burnett and
607 S. Burnett(the"Properties"); and
WHEREAS, in compliance with the grant, the City has demolished the structures on the
Properties and the lots have been graded, mowed, and maintained to City standards; and
WHEREAS, since the acquisition of the Properties, the City has been receiving complaints,
including, but not limited to, those pertaining to vehicles entering the sites, the maintenance of the sites,
and persons accessing the sites at all hours; and
WHEREAS, the City has not received any funds under the grant to date and, therefore, may
withdraw from that Buyout Program without penalty or prejudice; provided that the City assume 100% of
the acquisition and demolition costs; and
WHEREAS, due to the issues raised by the neighbors, the cost of upkeep, and the removal of
property from the tax rolls, the City Council desires to cancel the City's participation in the Buyout
Program and to request the City Manager to undertake actions necessary to return the Properties to the tax
rolls if appropriate;NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That all matters and facts set forth in the recitals liereinabove are found to be true
and such recitals are hereby approved and made a part ol'this Resolution for all purposes and are adopted
as a part of the judgment and findings by the City Council of the City of Baytown, Texas.
Section 2: That the City Manager of the City of Baytown is hereby directed to decline the
National Flood Insurance Program/1-tarard Mitigation Grant, to undertake actions necessary to ren.irss such
property to the tax rolls if appropriate, and to take further action as may be necessary to accomplish the
purposes expressed herein.
Section 3: This resolUtiOil 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 v of the City Council of the City of
Baytown this the 24"'day of November, 2009.
Sp,YTojV' ST HEN H. DONCARLOS, Mayor
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APPROVED AS TO FORM:
NACIO R.AMIREZ, SR., i Attorney
RAKarenTiles\City CouncillResolutiojis'-1001)\Noveniber 24\DcclineFEMABuyoutprogramt.doc