HomeMy WebLinkAboutResolution No. 5881r
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RESOLUTION NO. 5881
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA
RELATIVE TO BINDER WITH RESPECT TO COMPLIANCE WITH THE
LAND ACQUISITION REQUIREMENTS OF THE UNIFORM RELOCATION
ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES OF 1970
WHEREAS, the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970, P. L. 91-646, (hereinafter referred to as the "Act") establishes
uniform policies for the fair and equitable treatment of persons 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 has application to programs and projects receiving Federal
financial assistance from the Department of Housing and Urban Development; and
WHEREAS, the activities for which such assistance is sought will involve land
acquisition occurring after January 2, 1971, the effective date of the Act; and
WHEREAS, Section 305 of the Act requires the provision of certain assurances
before the head of a Federal agency can approve any grant to, or contract or agreement
with, a State agency, under which Federal financial assistance will be available to pay
all or part of the cost of any program or project which will result in real property acquisi-
tion subject to the requirements of the Act.
NOW, THEREFORE, be it resolved by the City Council of the City of Azusa as
fol lows:
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 said
Section 305, it shall execute and provide the assurances required thereby. 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 determination 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 requirement of
said Section 305 with respect to acquisition of real property 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 provision 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
identified above as being undertaking of this public body:
Project or Program Identification of Financial
Identification Assistance Agreement Number
WS -Calif -427
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D. 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.
E. This Binder Resolution pertains to an emergency matter and shall become
effective immediately.
Approved and adopted by the City Council of the City of Azusa on this 19th
day of July , 1971.
ATTEST:
City Clerk
Mayor of the"City of Azusa
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 19th day of
July , 1971, by the following vote of Council:
AYES: Councilmen: Rubio, Decker, Snyder, Clark, Solem
NOES: Councilmen: None
ABSENT: Councilmen: None
City Clerk