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R 0933 ..~ ,. r . . RESOUJTION NO, 933 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE RELATIVE TO BINDER WITH RESPECT TO COMPLIANCE WITH THE LAND ACQUISITION REQUIREMENTS OF THE UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES OF 1970 WHEREAS , the UuiforrnRelocation Assistance and Real Property Acquisition Policies Act of 1970, P,L, 91-646, (hereinafter referred to as the "Act") estab- lishes uniform policies for the fair and equitable treatment of persons displaced as a result of Federal and federally assisted programs, as well as uniform policies on real property acquisition practices with respect to such programs; and WHEREAS, the Act has application to programs and projects receiving Federal financial assistance from the Department of Housing and Urban Development; and WHEREAS, the activities for which such assistance is sought will involve land acquisition occurring after January 2, 1971,.the effective date of the Act; and WHEREAS, Section 305 of the Act requires the provision of certain assur- ances before the head of a Federal agency can approve any grant to, or contract or agreement with, a state agency, under which Federal financial assistance will be available to pay all or part of the cost of any program or project which will result in real property acquisition subject to the requirements of the Act, NOW, THEREFORE, BE IT RESOLVED by this governing body as follows: A, This governing body hereby agrees that: (1) Within 90 days of the date hereof it will provide an opinion of its Chief Legal Counsel with respect to its ability to comply under state or local law with the requirements of Section 305 of the Uniform Relocation Assistance and Real Property Act of 1970 (Public Law 91-646, hereafter called the Act); and (2) In the event that it is determined that this body is able to comply with said Section 305, it shall execute and provide the assurances required thereby. This body further agrees (1) where the state Attorney General has issued an opinion on a question of interpretation of state law which is at issue in making a determination of its ability to comply with the requirements of Section 305 of the Act, it shall be guided by such opinion; and (2) nothing herein or in any contract or agreement of which this Binder is made a part shall be construed to delay such Agency's obligation to comply with the requirement of said Section 305 with respect to acquisi- tion of real property occurring after July 1, 1972, B, This document is hereby made a part of and is incorporated in the finan- cial assistance agreement between this public body and BUD for the under- taking identified below and shall be deemed to supersede any provision in said agreement to the extent that such provision may conflict with the assurances or agreement provided hereunder, C, This Binder Resolution and agreement is applicable to the following pro- ject or program identified above as being undertaking of this public body: Project or Program Identification of Financial Identification A..~8t&nc. A.reament Number WS-Calif,-285 H-602-4070 D. 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, E. This Binder Resolution pertains to an emergency matter and shall become effective tmmediately, . , On motion of Councilwoman Thompson~ seconded by Councilman Talley and on the following roll call vote, to wit: AYES: Council Members Schlegel" Thompson, Wood" Talley and Mayor LElvine NOES: None ABSENT: None the foregoing resolution was passed and adopted this 13th day of April, 1971. t~LL.?,,~ MAYOR ATTEST~~/~A: CITY RK I, Polly So Miller, City Clerk of the City of Arroyo Grande, Coun~j of San Luis Obispo, State of California, do hereby certify that the foregoing Resolution No. 933 is a tvue, 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 13th day of April, 1971. WITNESS my hand and the seal of the City of Arroyo Grande affixed this 14th day of April, 1971. Grande (seal)