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