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R 0929 , ~ .--., RESOLUTION NO. 929 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE PROVIDING BINDER IN CONNECTION WITH COMPLIANCE ASSURANCE WITH THE RELOCATION ~~ ASSISTANCE PROVISIONS OF THE UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT OF 1970. WHEREAS, the Uniform Relocation Assistance and Real Property Acquisition 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 Federa1 and federally assisted programs; and WHEREAS, the Act is applicable to various programs and projects (hereinafter called the "undertaking") receiving financial assistance from a Federal Agency such as the Department of Housing and Urban Development (hereinafter called "HUD"); and - WHEREAS, this gover.ning body seeks financial assistance pursuant to under- taking identified below, subject to the Act and administered by HUD; and WHEREAS, the activities for which such assistance is sought may involve dis- placement occurring on or after January 2, 1971, the effective date of the Act; and WHEREAS, Section 210 of the Act requires the receipt of certain assurences before the head of a Federal Agency can provide financial assistance to pay all or part of the cost of any undertaking which will result in displacement as de- fined in the Act. NOW, THEREFORE, be it resolved by this governing body: 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 Sec,tion 210 of the Uniform Relocation Assistance and Real Property Act of 1970 (Public Law 91-646, hereinafter called the "Act"); and (2) in the event that it is deter- mined that this body is able to comply with Section 210, it shall execute and pro- vide 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 210 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 part shall be construed to delay such Agency's obligation to comply with the requirements of Section 210 with respect to the displacement of such displaced persons occurring after July 1, 1972. B. This document is hereby made a part of and is incorporated in the financial assistance agreement between this public body and HUD for the under- taking identified below and shall be deemed to supersede any provision~in:Baid 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 Assistance Agreement Number WS-Calif. -285 D. The Mayor or Administrative Officer is hereby authorized and directed to execute this document and the City Clerk 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 be- come effective immediately. 1 --,---_.~- - r On motion of Councilman Schlegel, seconded by Councilwoman Thompson> and on the following roll call vote, to wi t : AYES: Council Members Schlegel, Thompson, Talley and Mayor Levine. NOES: None, ABSENT: Councilman Wood. the foregoing resolution was passed~p~e:~ ~h~~~ YOR ATTEST:ce:~d~ . C CLERK 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, 929 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 9th day of March, 1971, WITNESS my hand and the seal of the City of Arroyo Grande affixed this 10th day of March, 1971, ~.~, City Clerk the City of Arroyo Grande (SEAL)