CC Resolution No. 428 RESOLUTION NO. 428
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, GIVING ITS PLEDGE TO THE DEPART-
MENT OF HOUSING & URBAN DEVELOPMENT CONCERNING
THE CITY OF BAYTOWN' S OBLIGATIONS TO PREVENT THE
UTILIZATION OF A PORTION OF THE DUKE HILL PARK
SITE FOR MINERAL DEVELOPMENT FROM ADVERSELY AFFECT-
ING OR IMPAIRING THE APPROVED OPEN-SPACE USE OF
THE PARK SITE ; 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 to
the United States of America (the "Government") for a grant
to acquire and/or develop land for open-space purposes under
Title VII 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 , a contract dated December 19 , 1972 , has
been entered into by and between the City of Baytown and the
Government with regard to said application, being designated
Contract OSA- 10S (G) and pertaining to the 16 . 04 Bailey Tract
(Duke Hill Park) ; and
WHEREAS , a 1 . 5 acre portion of the said 16 . 04 acre
tract is subject to an outstanding mineral lease ; and
WHEREAS, as a special condition of said contract ,
the Government has required that the City give evidence that
such outstanding mineral lease will not prevent or substan-
tially interfere with the proposed open-space use of the
said 16 . 04 acres ; and
WHEREAS, the Government has further required that
as a part of its contract , the City of Baytown give a certain
pledge concerning its obligations to prevent the utilization
of said 1. 5 acres for mineral production from impairing the
proposed open-space use of the land; NOW, THEREFORE ,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN:
Section 1 : The City of Baytown hereby pledges that,
to the extent that any area of the 16 . 04 acres Duke Hill Park
is adversely affected by the utilization of the 1 . 5 acres by
the mineral lessee for production purposes , the City of Baytown
will be responsible for seeing that the land is afterwards
restored to such condition as will not impair the approved
open-space use of the land or, if permanent impairment of
the open-space use occurs as the result of such mineral opera-
tion, such land will be replaced with other open-space land
of at least fair market value , and as nearly as feasible
equivalent usefullness and location, which replacement
will be subject to the concurrence of the Secretary of
Housing & Urban Development.
Section 2 : This pledge on behalf of the City of
Baytown shall be considered a part of its grant contract
with the Government.
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 8th
day of February 1973 .
ATTEST: C. GLEN WALKER, Mayor
EDNA OLIVER, City Clerk
APPROVED :
NEEL RI SO , City Attorn