CC Resolution No. 305 RESOLUTION NO. 305
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN OFFI-
CIALLY ADOPTING A LAND ACQUISITION POLICY STATEMENT TO SATISFY
THE DEPARTMENT OF HOUSING & URBAN DEVELOPMENT THAT THE CITY
OF BAYTOWN WILL FOLLOW CERTAIN PRESCRIBED ACQUISITION POLICIES
CONCERNING THE OPEN SPACE LAND PROGRAM; RECITING THE CITY'S
LAND ACQUISITION POLICY STATEMENT; AUTHORIZING AND DIRECTING
THE DIRECTOR OF PARKS & RECREATION TO FORWARD SUCH LAND ACQUI-
SITION POLICY STATEMENT TO HUD; PROVIDING FOR THE EFFECTIVE DATE.
WHEREAS, Section 402 of the Housing & Urban Development Act of
1965 requires that, as a condition of eligibility for assistance under
the Open Space Land Program, an applicant must satisfy the Department
that it will follow certain prescribed acquisition policies ; and
WHEREAS, an applicant must submit with its application for
grant assistance, an acceptable Land Acquisition Policy Statement, officially
adopted by its governing body, assuring that such prescribed acquisition
policies will be followed; and
WHEREAS, the City Council of the City of Baytown desires to
formally adopt an acceptable Land Acquisition Policy Statement; NOW
THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN:
Section 1 : Land Acquisition Policy Statement
a. It will make every reasonable effort to acquire the property
by negotiated purchase before institution eminent domain proceed-
ings (including administrative takings and similar proceedings
for the compulsory acquisition of real property) .
b. It will not require any owner to surrender possession of the
property until the applicant pays , or causes to be paid, to
the owner the agreed purchase price arrived at by negotiation,
or in any case where only the amount of the payment to the owner
is in dispute, not less than 75% of the appraised fair value as
approved by the applicant or, if subsequent to HUD concurrence in
the acquisition price for the property, as concurred in by HUD.
c. It will not require any person lawfully occupying property
to surrender possession without at least 90 days written notice
from the applicant of the date on which possession will be required.
d. The City of Baytown shall follow all of the procedures speci-
fied in Chapter 2, Paragraph 30, of HUD's Guide 6240.3, dated
June, 1970, concerning land acquisition policies .
Section 2: That the Director of Parks & Recreation is hereby
authorized and directed to forward a certified copy of this resolution
to appropriate officials of the Department of Housing & Urban Development,
the same to represent the City of Baytown's official Land Acquisition Policy
Statement to be submitted under Code No. OS124 of HUD Circular MPD 6240.4.
Section 3: That the Mayor is hereby authorized and directed
to execute, and the City Clerk to attest, this resolution for and on
behalf of 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, on this 7th day of January, 1971 .
C. GLEN WALKER, 14ayor
ATTEST:
(c�
EDNA OLIVER, City Clerk
APPR VED:
WILLIAM R. LAUGHLIN, City At rney '