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CC Resolution No. 322 RESOLUTION NO. 322 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GIVING ASSURANCES AND CREATING A BINDER WITH RESPECT TO COMPLIANCE WITH LAND ACQUISITION REQUIREMENTS UNDER TITLE III OF THE UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITIONS POLICIES ACT OF 1970; AUTHORIZING AND INSTRUCTING THE DIRECTOR OF PARKS AND RECREATION TO FORWARD A CERTIFIED COPY OF THIS RESOLUTION TO THE DALLAS AREA OFFICE OF THE DEPARTMENT OF HOUSING & URBAN DEVELOPMENT; AND PROVIDING FOR THE EFFECTIVE DATE. WHEREAS, the City of Baytown has made application for a grant to acquire and/or develop land for open space purposes under Title III of the Housing Act of 1961 , as amended; and WHEREAS, the processing of such application is presently pending in the Dallas Area Office of the Department of Housing & Urban Development; and WHEREAS, certain assurances relating to the Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970 are now required, and the same must be submitted so that favorable action may ultimately be obtained with regard to the City's application; and WHEREAS, the City Council of the City of Baytown desires to submit the proper assurances with regard to such Act; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN: Section 1 : Assurances and binder with respect to compliance with the Land Acquisition Requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. A. The City of Baytown hereby assures that it has authority under state law to comply with Section 305 of the Act and agrees that, notwitstanding any provision set forth in OSA-105: 1 . In acquiring real property in connection with OSA-105 the City of Baytown will be guided to the greatest extent practicable under state law, by the land acquisition policies set out under Section 301 of the Act and the provisions of Section 302 thereof; 2. Property owners will be paid or reimbursed for neces- sary expenses as specified in Sections 303 and 304 of the Act; and 3. The costs to the City of Baytown of providing payments and assistance hereunder shall be borne in accordance with Section 211 of the Act. 4. The City of Baytown will execute such amendments to OSA-105 and execute, furnish and be bound by, such additional documents as the Secretary of Housing and Urban Development shall determine necessary to effectuate or implement the assurances provided hereunder. B. This document shall be made part of and incorporated in OSA-105 and shall be deemed to supersede any provision in said contract to the extent that such provision conflicts with the assurances or agreements provided hereunder. Section 2: The City of Baytown hereby certifies that there are no Relocation Requirements, as specified in Section 210 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, with regard to the property being acquired under OSA Contract No. 105. Section 3: The Director of Parks and Recreation is hereby authorized and instructed to forward a certified copy of this Resolution to the Dallas Area Office of the Department of Housing & Urban Development. Section 4: This resolution shall take effect 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, on this 22nd day of April , 1971 . C. GLEN WALKER, Ma or ATTEST: q C '� 2 EDNA OLIVER, City Clerk APPROVED: WILLIAM R. LAUGHLIN, City a6torney 1 CERTIFICATE FOR RESOLUTION THE STATE OF TEXAS § COUNTY OF CHAMBERS § CITY OF BAYTOWN § We, the undersigned officers of the City Council of the City of Baytown, Texas , hereby certify as follows : 1. The City Council of the City of Baytown convened in Regular meeting on the 22nd day of April, 1971, in the City Hall, within the City, and the roll was called of the duly constituted officers and members of said City Council and the City Clerk, to-wit : C . Glen Walker Mayor Ted Kloesel Councilman David Evans Councilman Leonard W. Stasney Councilman Allen Cannon Councilman Don M. Hullum Councilman Lamar Kelley Councilman Mrs . Edna Oliver City Clerk and all of said persons were present , except the following absentee (s ) : None, thus constituting a quorum. Whereupon, among other business , the following was transacted at said meeting: a written RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING CONSENT TO THE CREATION WITHIN THE CITY' S EXTRATERRITORIAL JURISDICTION OF A POLITICAL SUBDIVISION was duly introduced for the consideration of said City Council and read in full . It was then duly moved and seconded that said resolution be adopted; and, after due discussion, said motion, carrying with it the adoption of said resolution prevailed and carried by the following vote : AYES : All Councilmen shown present above except Council- man Stasney . NOES : None . ABSTAINING: Councilman Stasney . 2 . That a true, full and correct copy of the aforesaid reso- lution adopted at the meeting described in the above and foregoing paragraph is attached to and follows this certificate; that said resolution has been duly recorded in said Council ' s minutes of said meeting; that the above and foregoing paragraph is a true, full, and correct excerpt from said Council' s minutes of said meeting pertaining to the adoption of said resolution; that the persons named in the above and foregoing paragraph are the duly chosen, qualified, and acting officers and members of said Council as indicated therein; that each of the officers and members of said Council was duly and sufficiently notified officially and personally, in advance , of the time, place, and purpose of the aforesaid meeting, and that said resolution would be introduced and considered for adoption at said meeting, and each of said officers and members consented, in advance, to the holding of said meeting for such purpose; that said meeting was open to the public as required by law; and that public notice of the time, place, and subject matter of said meeting was given as required by Vernon' s Article 6252-17, as amended. SIGNED AND SEALED this �, day . f 0 19 1 . City Clerk Mayor (SEAL)