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HomeMy WebLinkAboutCC RESO 10,781RESOLUTION NO. 10.781 RESOLUTION 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 Ac- quisition Policies Act of 1970, P.L. 91-646, (hereinafter called "Act") establishes uniform policies for the fair and equitable treatment of individuals, partnerships, corporations, or associations (hereinafter 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 re- ceiving 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 displacement 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 fi- nancial 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 THE CITY COUNCIL pF THE CITY OF NATIONAL CITY, CALIFORNIA: 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 displacement, to or for displaced persons whose displacement occurs as a result of the Undertaking; 2. Relocation assistance programs offering the services des- cribed 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 dwelling replacement will be available to dis- placed 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. 142.120, 36 F.R. 8789 (1971) will be available and the same range of choices with re- spect to such housing will be offered to all displaced persons regard- less of race, color, religion or national origin, pursuant to Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d), Title VIII of the Civil Rights Act of 1968 (42 U.S.G. 3501 et. seq.), and Executive Order 11063 (27 F.R. 11527); 5. In acquiring real property in connection with the foregoing identified projects, contracts or agreements, this govsrning 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 cost of providing relocation payments and assistance to the public body's Undertaking shall be borne in accordance with Section 211 of the Act; and 8. Affected persons will be adequately informed of the bene- fits, policies and procedures provided in applicable HUD regulations; 9. The public body hereby gives assurance that it has author- ity under applicable State and local lay 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 connection hereby authorizes the provision to HUD of the opinion of its legal counsel to that affect. B. The City Manager or Assistant City Manager of this public body is hereby authorized and directed to execute such amendment to the appli- cable financial assistance agreement between this body and HUD and to execute, establish 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 imple- ment 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 this provision may con- flict with the assurances or agreement provided hereunder. D. This resolution of assurance and agreement is applicable to the following project identified above as being Undertaking of this public body: Project Identification City property to be used for the development of the National City Community Service Center. Identification of Financial Assistance Agreement Number Sections 301, 302, 303 and 304 of the Act. E. The City Manager or Assistant City Manager is hereby authorized and directed to execute this document and the recording clerk or secre- tary 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. F. This resolution pertains to an emergency matter and is effec- tive immediately. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, this 15t11 day of August, 1972 by the following vote to -wit: AYES: NAYS: Camacho, Pinson, Reid, Waters, Morgan None ABSENT: ATTEST: None ayor of the City of National City, California INE MINOGUE CAMPI.L, City Cle c of the City of Natio l City, California The undersigned hereby certifies that: 1. She is the duly qualified and acting City Clerk of the City of National City (herein called the "Applicant") and the keeper of its records. 2. The attached Resolution is a true and correct copy of the Resolution as finally adopted at a meeting of the Applicant held on the 15thday of August, 1972, and duly recorded in her office. 3. The meeting was duly convened and held in all respects in accordance with law and, to the extent required by law, due and proper notice of the meeting was given. A legal quorum was present through- out the meeting, and a legally sufficient number of members of the Applicant voted in the proper manner for the adoption of the Resolution. All other requirements and proceedings under law incident to the proper adoption or passage of the Resolution have been duly fulfilled, carried out, and otherwise observed. 4. If an impression of the seal has been affixed below, it constitutes the official seal of the Applicant, and this certificate is hereby executed under the official seal. If no seal has been affixed below, the Applicant does not have and is not legally required to have an official seal. 5. The undersigned is duly authorized to execute this certificate. IN WITNESS WHEREOF, the undersigned has hereunto set her hand this 15th day of August, 1972. \ ..i .y. IONE MINOG CAMPBELL City Clerk of the City National City, California