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HomeMy WebLinkAbout0862 Resolution0- RESOLUTION NO. 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 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, 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 - 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 displacement 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 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 displacement 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 210 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 210, 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 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 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. -2- PASSED by the City Council and APPROVED as provided by law. Dated this 20 day of April , 1971. CITY OF PASCO Mayor SEAL IN WITNESS WHEREOF, I have hereunto set my hand this 20 day of April 1071 I U,-/ ru-AM ZOM-000 M -3-