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HomeMy WebLinkAboutResolution No. 5902RESOLUTION NO. 5902 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA . PROVIDING ASSURANCE OF COMPLIANCE WITH THE 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 (here- inafter called "displaced persons") who are displaced as a result of Federal and federally assisted programs, as well as uniform policies on real property acquisition practices with respect to such programs; and WHEREAS, the Act is applicable to various programs and projects receiving financial assistance from a Federal Agency such as the Department of Housing and Urban Development (hereinafter called "HUD"); and WHEREAS, this governing body seeks financial assistance pursuant to a project or a program identified below, which project or program (hereinafter called the "Undertaking") is subject to the Act and is administered by HUD; and WHEREAS, the activities for which such assistance is sought will involve displace- ment and/or land acquisition occurring on or after January 2, 1971, the effective date of the Act; and WHEREAS, Sections 210 and 305 of the Act require the provision of certain assurances before the head of a Federal agency can provide financial assistance to pay all or part of the cost of any program or project which will result in displacement or real property acquisition as defined in the Act. NOW, THEREFORE, be it resolved by this governing body: A. That the United States of America and the Secretary of Housing and Urban Development be, and they hereby are, provided through the adoption of this resolution, with the following assurances regarding conduct by this body of the Undertaking for which Federal financial assistance is sought: 1 . Fair and reasonable relocation payments and assistance shall be provided, in accordance with Sections 202, 203, and 204 of the Act and applicable HUD regulations in effect at the time of dis- placement, to or for displaced persons whose displacement occurs as a result of the undertaking; 2. Relocation assistance programs offering the services described in Section 205 of the Act shall be provided to such displaced persons in the manner provided under applicable HUD regulations in effect at the time of displacement; 3. Within a reasonable period of time prior to displacement, decent, safe, and sanitary replacement dwellings will be available to displaced persons in accordance with Section 205(c)(3) of the Act; 4. The relocation process will be carried out in such a manner as to provide displaced persons with uniform and consistent services, and replacement housing under 24 C.F.R. s42.120, 36 F.R. 8789 (1971) will be available and the same range of choices with respect to such housing will be offered to all displaced persons regardless of race, color, religion or national origin, pursuant to Title VI of the Civil Rights Act of 1964 (42 U.S.C. 20004), Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3501 et.seq.), and Executive Order 11063 (27 F.R. 11527); 5. In acquiring real property in connection with the foregoing iden- tified projects, contracts or agreements, this governing body will be guided to the greatest extent practicable under state law, by the land acquisition policies set out under Section 301 of the Act and the provisions of Section 302 thereof; 6. Property owners will be paid or reimbursed for necessary expenses as specified in Sections 303 and 304 of the Act; 7. The costs of providing relocation payments and assistance to the public body's Undertaking shall be borne in accordance with Sec- tion 211 of the Act; and 8. Affected persons will be adequately informed of the benefits, policies and procedures provided in applicable HUD regulations; 9. The public body hereby gives assurance that it has authority under applicable State and local law to comply with Sections 210 and 305 of the Act, notwithstanding any provision set forth in the financial assistance agreement between this body and HUD, and in this con- nection hereby authorizes the provision to HUD of the opinion of its legal counsel to that affect. B. The Mayor of the City of Azusa of this public body is hereby authorized and directed to execute such amendments to the applicable financial assistance agreement between this body and HUD and to execute, furnish, and be bound by such additional documentation as may be required in order to comply with the Act as the Secretary of Housing and Urban Development shall determine necessary to effectuate or implement the assurances provided hereunder. C. 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 provision in said agreement to the extent that such provision may conflict with the assurances or agreement provided hereunder. D. This resolution of assurance and agreement is applicable to the following project or program identified above as being Undertaking of this public body: Project or Program Identification of Financial Identification Assistance Agreement Number WS -Calif -427 E. The Mayor of the City of Azusa is hereby authorized and directed to execute this document and the City Clerk 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. F. This Resolution pertains to an emergency matter and is effective immediately. 0 0 Approved and adopted by the City Council of the City of Azusa on this 20th day of September , 1971. CITY OF AZUSA Jens J! So em Mayor of the City of Azusa ATTEST: ea"D . K r City Clerk,] I hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Azusa at a regular meeting thereof held on the 20th day of September , 1971, by the following vote ofof Council— AYES: ouncil AYES: Councilmen: Rubio, Decker, Snyder, Clark, Solem NOES: Councilmen: None ABSENT: Councilmen: None City C er.