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Home My WebLink AboutCC RESO 10,613RESOLUTION NO. 10,613 RESOLUTION PROVIDING ASSURANCE OF COMPLIANCE WITH THE PROVISIONS OF THE UNIFORM RELOCATION ASSISTANCE AND REAI. PR0PERTY ACQUISITION POLICIES ACT OF 1970 WHEREAS, the Uniform Relocation Assistance and Real Property Acquisi- tion Policies Act of 1970,. P. L. 91-646, (hereinafter called the "Act") establishes uniform policies for the fair and equitable treatment of in- dividuals, partnerships, corporations, or associations (hereinafter called "displaced persons") who are displaced as a result of Federal and Feder- ally assisted programs, as well as uniform policies on real property ac- quisition 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 Depart- ment 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 occuring 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 THE CITY COUNCIL OF 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 adop- tion of this resolution, with the following assurances regarding conduct by this Body of the Undertakings 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 under- taking; 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 2O5(c)(3) of the Act; 2 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. 2000d), Title VIII of the Civil Rights Act of 1963 (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 identified projects, contracts or agreements, this City Council will be guided to the greatestextent practicable under State Law, by the land acquisition policies set out under Section 301 of the Act and the pro- visions of Section 302 thereof; 6. Property owners will be paid or reimbursed for necessary ex- penses 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 City Council 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 connection hereby authorizes the provision to HUD of the opinion of its legal counsel to that affect. B. The C. 0sburn, City Manager or S. Stenberg, (Principal Executive Official) (Alternative Assistant City Manager of this public body is hereby authorized and Official) directed to execute such amendment 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 de- termine 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 HIID for the Undertaking identified below and shall be deemed to supercede any provision in said agreement to the extent that said provision may conflict with the assurances or agreement provided hereunder. D. This resolution of assurance and agreement is applicable to the 3 following project or program identified above as being Undertaking of this public body: Identification of Financial Project Identification Assistance Agreement Number Acquisition of property for public Sections 301, 302, 303 and 303 uses - public park -playground. of the Act. E. The C. 0sburn, City Manager or S. Stenberg, (Principal Executive Official) (Alternative Assistant City Manager is hereby authorized and directed to (Official) execute this document and the recording clerk or secretary 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 effective immediately. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, this 28th day of March, 1972 by the following vote to -wit: AYES: Camacho, Reid, Waters, Morgan NAYS: None ABSENT: Hogue NILE MORGAhf; Mayor of the City of National City, California ATTEST: %✓1i1--�-/----e--c'�.= -'— __... IONE MINOGUE, City Clerk of tie City of National City, California The undersigned hereby certifies that: 1. He 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 28th day of March, 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 throughout 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 inci— dent 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 requir— ed to have an official seal. 5. The undersigned is duly authorized to execute this certifi— cate. IN WITNESS WHEREOF, the undersigned has hereunto set her hand this 28th day of March, 1972. IONE N1NOGUE City Clerk of the City of National City, California STATE: OF C•1L.1FO1 NLA COUNTY OF `:, fl J EC?O J} Ss. ^:arch 28, 1972 On before the. the undersigned, a Notary Public in and for said County and Stan. Fs - personally appeared 1 OY; 2 Y 1 fl OJ'_: e, City Of the _;1 I V Oi r3 .LOHa1 City, O 7 v c California known to me to be the person whose name -t ' subscribed to the within instrument and acknowledged that (Seal) of Signature C7 u 4 16rma A. t1r7j sp}¢ executed the same_ Name (Typed or hinted) Notary Public in and for said County and State OF''i�'AL SEAL PN...CiPAL C.; -,GE ;N SAN DIEGO COUNTY My Commission Expires May 24, 1974