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Home My WebLink About1972-08-29; City Council; Resolution 2074T , RESOLUTION NO. 2074 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 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 (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 pro- jects 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 pur- suant to a project identified below, which project (hereinafter called the "Undertaking") is subject to the Act and is adminis- tered 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 pro- vision of certain assurance 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. A 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. 2. 3. 4. Fair and reasonable relocation payments and assist- ance 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; Relocation assistance programs offering the services described in Section 205 of the Act shall be pro- vided to such displaced persons in the manner pro- vided under applicable HUD regulations in effect at the time of displacement; Within a reasonable period of time prior to dis- placement, decent, safe, and sanitary replacement dwellings will be available to displaced persons in accordance with Section 205(c)(3) of the Act; The relocation process will be carried out in such a manner as to provide displaced persons with uni- form and consistent services, and replacement housing under 24 C.F.R. $42.120, 36 F.R. 8789 (1971) -1- . : 5. 6. 7. 8. 9. e will be 2vailable 222 the s2ze rxge cf choic2s 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 VI11 of the Civil .Ri.ghts Act of 1968 (42 U.S.C. 3501 et.seq.), and Executive Order 11063 (27 F.R. 11527) ; In acquiring real property in connection with the foregoing identified projects, contracts, or agree- ments, 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; Property owners will be paid or reinbursed for necessary expenses as specified in Sections 303 and 304 of the Act; The costs of providing relocation payments and assistance to the public body's Undertaking shall be borne in accordance with Section 211 of the Act; and Affected persons will be adequately informed of the benefits, policies, and procedures provided in applicable HUD regulations; 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, not- withstanding any provision set forth in the financial assistance agreement(s) between this body and HUD, and in this connection hereby authorizes the pro- vision to HUD of the opinion of its legal counsel to that effect. B. The City Manager of this public body is hereby authorized and directed to execute such amendment(s) to the applicable financial assistance agreement (s) between this body and HUD and to execute, establish, and be bound by such additional documenta- tion as may be required in order to comply with the Act as the Secretary of Housing and Urban Development shall determine neces- sary to effectuate or implement the assurances provided hereunder. in the financial assistance agreement6s) between this public body and HUD for the Undertaking identified below and shall be deemed to supersede any provision(s) in said agreement(s) to the extent that this provision(s) may conflict with the assurances or agree- ment(s) provided hereunder. C. This document is hereby made a part of and is incorporated D. This resolution of assurance and agreement is applicable to the following project identified above as being Undertaking of this public body: Holiday Fark Area (Acquisition and Development) E. The City Manager is hereby authorized and directed to 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. -2- .. .- F. This resolution pertains to an emergency matter and is effective immediately. CITY OF CARLSBAD (Name of Public Body) SEAL ial) DAVID M. DUNNE (Type or Print Name of Official) MAYOR (Title of Off icial) IN WITNESS WHEREOF, 1 have hereunto set my hand on this 29th day of August , 1972 . ATTEST Deputy City Clerk (Title of Attesting Official) - 3- CERTIFICATE OF RECORDING OFFICER t The undersigned hereby certifies that: 1. He is the duly qualified and acting City Manager of the City of Carlsbad (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 29th day of August , 19 72 , and duly recorded in his 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 proceed- ings under law incident to the proper adoption or passage of the resolution have been duly fulfilled, c.arried out, and otherwise observed. constitutes the official seal of the Applicant, and this certi- ficate 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. certificate. 4. If an impression of the seal has been affixed below, it The undersigned is duly authorized to execute this IN WITNESS WHEREOF, the undersigned has hereunto set his hand this 30th day of Auqust , 19 72 . (SEAL) ATTEST: f Recording icer) (Signature H*%-awdP!!La?? of Attesting Officer) Deputv Cjtv c11 IC (Title of- At'testyng Off-icer) Citv Manaqer (Title of Recording Officer)