Loading...
R 0934 ~ RESOLUTION NO, 934 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE PROVIDING ASSURANCE OF COMPLIANCE WITH THE PROVISIONS OF THE UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT OF 1970 WHEREAS , the Uniform Relocation Assistance and Real Property Acquisi- tion Policies Act of 1970, P.L. 91-646, (hereinafter called the "Act") establishes uniform policies for the fair and equitable treatment of individuals, partnerships, corporations, or associations (hereinafter called "displaced persons") who are. displaced as a result of Federal and federally assisted programs, as well as uni- form policies on real property acquisition practices with respect to such programs; and WHEREAS, the Act is applicable to various programs and projects receiving financial assistance from a Federal Agency such as the Department of Housing and Urban Development (hereinafte'r called "HUD"); and WHEREAS , this governing body seeks financial assistance pursuant to a project or a program identified below, which project or program (hereinafter called the "Undertaking") is subject to the Act and is administered by HUD; and WHEREAS , the activities for which such assistance is sought will involve displacement and/or land acquisition occurring on or after January 2, 1971, the effective date of the Act; and WHEREAS, Section 305 of the Act requires the provision of certain assurances before the head of a Federal agency can provide financial assistance to pay all or part of the cost of any program or project which will result in dis- placement or real property acquisition as defined in the Act. NOW, THEREFORE, be it resolved by this governing body as follows: A. That the United States of America and the Secretary of Housing and Urban Development be, and they hereby are, provided through the adoption of this resolution, with the following assurances regarding conduct by this body of the Undertaking for which Federal financial assistance is sought: 1. Fair and reasonable relocation payments and assistance shall be pro- vided, in accordanace with Sections 202, 203 and 204 of the Act and applicable HUD regulations in effect at the time of displacement, to or for displaced persons whose displacement occurs as a result of the Under- taking: 2. Relocation assistance programs offering the services described in Section 205 of the Act shall be provided to such displaced persons in the manner provided under applicable HUD regulations in effect at the time of displacement; 3. Within a reasonable period of time prior to displacement, decent, safe, and sanitary replacement dwellings will be available to displaced persons in accordance with Section 205(c) (3) of the Act; 4, In acquiring real property in connection with the foregoing identified projects, contracts or agreements, this governing body will be guided to the greatest extent practicable under state law, by the land acquisition policies set out under Section 301 of the Act arid the provisions of Section 302 thereof; 5. Property owners will be paid or reimbursed for necessary expenses as specified in Sections 303 and 304 of the Act; and 6. The costs of providing relocation payments and assistance to the public body's Undertaking shall be borne in accordance with Section 211 of the Act; 7. The public body hereby gives assurance that it has authority under applicable State and local law to comply with Section 305 of the Act, not- withstanding any provision set forth in the financial assistance agreement between this body and HUD and in this connection hereby authorizes the provision to HUD of the opinion of its legal counsel to that affect. , --- ---_._-~._.- n____ . "" . B. The Mayor or Administrative Officer of this public body is hereby authorized and directed to execute such amendment to the applicable financial assist- ance agreement between this body and HUD and to execute, furnish, and be bound by such additional documentation as may be required in order to comply with the Act as the Secretary of Housing and Urban Development shall deter- mine necessary to effectuate or implement the assurances provided hereunder. C, This document is hereby made a part of and is incorporated in the financial assistance agreement between this public body and HUD for the Undertaking identified below and shall be deemed to supersede any provision in said agreement to the extent that such provision may conflict with the assur- ances or agreement provided hereunder. D, This resolution of assurance and agreement is applicable to the following project or program identifiediahove as being Undertaking of this public body: PROJECT OR PROGRAM IDENTIFICATION OF FINANCIAL IDENTIFICATION ASSISTANCE AGREEMENT NUMBER WS-Calif. - 285 H-602-4070 E. The Mayor or Administrative Officer is hereby authorized and directed to execute this document and the recording clerk or secretary of this body is authorized and directed to attest the execution of this document, affix or attach the seal thereto, and to furnish such counterparts as may be required by the Secretary of Housing and Urban Development. F, This Resolution pertains to an emergency matter and is effective immediately. On motion of Councilwoman Thompson, seconded by Councilman Talley and on the following roll call vote, to wit:, AYES: Council Members Schlegel, Thompson, Talley and Mayor Levine NOES: None ABSENT: Councilman Wood the foregoing resolution was passed and adopted this 27th day of April, 1971. ~ -d~L, p(P.'n MAYOR AtTES~~~~_ CITY RK I, Polly S, Miller, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify that the foregoing Resolution No, 934 is a true, full and correct copy of said resolution passed and adopted by the City Council of the City of Arroyo Grande, at a regular meeting of said Council held on the 27th day of April, 1971, WITNESS my hand and the seal of the City of Arroyo Grande affixed this 28th day of April, 1971. ~ . City Cle of the City of Arroyo Grande (seal) --, -- -'_,'-~'-