CC Resolution No. 436 RESOLUTION NO. 436
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, GIVING ITS PLEDGE TO THE DEPART-
MENT OF HOUSING F, URBAN DEVELOPMENT CONCERNING
THE CITY OF BAYTOWN' S OBLIGATIONS TO PREVENT THE
UTILIZATION OF THE "BAYLAND" AND 'GOOSE CREEK"
PARK SITES FOR MINERAL DEVELOPMENT FROM ADVERSELY
AFFECTING OR IMPAIRING THE APPROVED OPEN-SPACE
USE OF THE PARK SITES ; 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 September 21 , 1971 , has
been entered into by and between the City of Baytown and the
Government with regard to said application, being designated
Contract OSA-106 (G) and pertaining to the 11 . 8943 acre Goose
Creek Park and the 31 . 7270 acre Bayland Park tracts ; and
WHEREAS, both of said park tracts are subject to
certain outstanding mineral interests , as well as outstanding
mineral leases ; and
WHEREAS, as a special condition of said contract ,
the Government has required that the City give evidence that
such outstanding mineral interests and leases will not pre-
vent or substantially interfere with the proposed open-space
use of the said park tracts ; 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 the said tracts 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 said 11. 8943 acres and
the said 31. 7270 acres is adversely affected by the utiliza-
tion of the surface of such tracts for mineral 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 operation, 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 llth day
of April 1973 .
LJa� Ci
ATTEST C. GLEN WALKER, Mayor
ATTEST
aeL_'k 11
EDNA OLIVER, City Clerk
APPRO ED:
NEEL RI�HARDSON, ity Attorn y