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CC Resolution No. 382 RESOLUTION NO. 382 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN , TEXAS , GIVING ASSURANCES AND CREATING A BINDER WITH RESPECT TO COMPLIANCE WITH LAND ACQUI- SITION 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 CERTI- FIED 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 Acquisition Policies Act of 1970 are 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 previously, under Resolution No. 322 , adopted on the 22nd day of April, 1971, gave certain assurances in this regard; and WHEREAS, one additional assurance is required with regard to notice to affected persons concerning the benefits, policies and procedures provided for by the Department of Housing & Urban Development; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN� Section 1: Section 1 of Resolution No. 322 , adopted by the City Council on the 22nd day of April, 1971, is hereby amended as follows: 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, notwithstanding 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 necessary expenses as specified in Sections 303 and 304 of the Act; 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. Affected persons will be adequately informed of the bene- fits , policies and procedures provided for under HUD regula- tions; and S. The City of Baytown will execute such amendments to OSA-105 and execute, furnish and be bound by, such addi- tional 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: All other provisions of Resolution No. 322 are hereby ratified and approved. Section 3: The Director of Parks and Recreation is hereby authorized and directed to forward a certified copy of this Resolution to the Dallas Area Office of the Department of Housing & Urban Development. -2- 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 2 dayy 1972. C . GLEN WALKER, Mayor ATTEST: EDNA OLIVER, City Clerk APPROVED: NEEL RI(3H4%RDSON, City Attorney