HomeMy WebLinkAbout0861 ResolutionRESOLUTION N0. 861
RESOLUTION PROVIDING BINDER IN CONNECTION
WITH COMPLIANCE ASSURANCE WITH THE RELOC-
ATION ASSISTANCE PROVISIONS OF THE UNIFORM
RELOCATION ASSISTANCE AND REAL PROPERTY
ACQUISITION POLICIES ACT OF 1970.
WHEREAS, the Uniform Relocation Assistance and Rea]. 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, partner-
ships, corporations, or associations (hereinafter called "displaced persons")
who are displaced as a result of Federal and federally assisted programs; and
WHEREAS, the Act is applicable to various programs and projects (herein-
after called the "undertaking") receiving financial assistance from a
Federal Agency such as the Department of Housing and Urban Development (herein --
after called "HUD"); and
WHEREAS, this governing body seeks financial assistance pursuant to
undertaking identified below, subject to the Act and administered by HUD;
and
WHEREAS, the activities for which such assistance is sought will involve
land acquisition occurring on or after January 2, 1971, the effective date of
the Act; and
WHEREAS, Section 305 of the Act requires the receipt of certain assurances
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 land acquisition
as defined 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
r ,
RESOLUTION N0. 861
RESOLUTION PROVIDING BINDER IN CONNECTION
WITH COMPLIANCE ASSURANCE WITH THE RELOC-
ATION ASSISTANCE PROVISIONS OF THE UNIFORM
RELOCATION ASSISTANCE AND REAL PROPERTY
ACQUISITION POLICIES ACT OF 1970.
WHEREAS, the Uniform Relocation Assistance and Rea]. 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, partner-
ships, corporations, or associations (hereinafter called "displaced persons")
who are displaced as a result of Federal and federally assisted programs; and
WHEREAS, the Act is applicable to various programs and projects (herein-
after called the "undertaking") receiving financial assistance from a
Federal Agency such as the Department of Housing and Urban Development (herein --
after called "HUD"); and
WHEREAS, this governing body seeks financial assistance pursuant to
undertaking identified below, subject to the Act and administered by HUD;
and
WHEREAS, the activities for which such assistance is sought will involve
land acquisition occurring on or after January 2, 1971, the effective date of
the Act; and
WHEREAS, Section 305 of the Act requires the receipt of certain assurances
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 land acquisition
as defined 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
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 Section 305, it shall
execute and provide the assurances set forth in Exhibit "1" hereto. 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 deter-
mination 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 part shall be construed to
delay such Agency's obligation to comply with the requirements of Section 305
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
undertaking identified below and shall be deemed to supersede any pro-
vision 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
project or program identified above as being undertaking of this public body:
Wash. R-18
Wash. R-18 (L & G)
D. The Mayor 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
become effective immediately.
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PASSED by the City Council and APPROVED as provided by law.
Dated this 20 day of April , 1971.
CITY OF PASCO
SEAL
IN WITNESS WHEREOF, I have hereunto set my hand this 20 day of
April , 1971.
4
D. Wayne Campbell, City Attorney
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