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HomeMy WebLinkAbout0882 ResolutionRESOLUTION NO. 882 A RESOLUTION PROVIDING BINDER IN CONNEC- TION WITH COMPLIANCE ASSURANCE WITH THE LAND ACQUISITION REQUIREMENTS OF TITLE III 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 uni- form policies for the fair and equitable treatment of individuals, partnerships, cor- porations, or associations (hereinafter called "displaced persons") who are dis- placed as a result of Federal 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, the City Council of the City of Pasco seeks financial assistance pursuant to the undertaking identified below, subject to the Act and administered by HUD; and WHEREAS, the activities for which such as.sistance 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 THE CITY COUNCIL OF THE CITY OF PASCO HEREBY RESOLVES AS FOLLOWS: Section 1. Th'e. City Council of the City of Pasco 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 Re- location 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. The City Council of the City of Pasco further agrees: 1) where the State Attorney General has issued an opinion on a ques- tion of interpretation of state law which is at issue in making a de- termination 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. Resolution No. -2- Date: Section 2. This document is hereby made a part of and is incorporated in the finan- cial assistance agreement between the City of Pasco 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 assurances or agreement pro- vided hereunder. Section 3. This Binder Resolution and agreement is applicable to the following pro- ject or program identified above as being the undertaking of the City of Pasco: Project or Program Identification East Pasco Neighborhood Center Identification of Financial Assistance Aareement Number NFP -WA -10-19-1000, City of Pasco Section 4. The City Manager is hereby authorized and directed to execute this docu- ment and the .City Clerk is authorized and directed to attest the execution of this docu- ment, affix the seal thereto, and to furnish such counterparts as may be required by the Secretary of Housing and Urban Development. Section S. This Binder Resolution pertains to an emergency matter and shall become effective immediately. PASSED by the City Council and APPROVED this 16 day of 1971. In witness whereof, I have hereunto set my hand this 16 day of Nod&ber 19 71 Attest: Harry D. APPROVED AS , City C1 FORM; November CITY OF PASCO, WASHINGTON "Ed" Carter, Mayor d 442��., �,, D. Wayne Campbell, Cit, At orney