CC Resolution No. 386 RESOLUTION NO. 386
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. 339, adopted on the 18th day of May, 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. 339, adopted by the
City Council on the 18th day of May, 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 of1970.
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 OSL-TX-06-16-1008:
1. In acquiring real property in connection with OSL-TX-06-16-1008
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 benefits ,
policies and procedures provided for under HUD regulations; and
5. The City of Baytown will execute such amendments to OSL-TX-
06-16-1008 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
OSL-TX-06-16-1008 and shall be deemed to supersede any provi-
sion 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. 339 are hereby
ratified and approved.
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.
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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 day of/May 1972 .
C . GLEN WALKER, Mayor
ATTEST:
EDNA OLIVER, City Clerrkk—?
APPROVED:
r,e
NEEL RIC DSON, City Attorney