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HomeMy Public PortalAbout71-134RESOLUTION NO. 71-134 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON 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. O. 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 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 projects) or a program(s) identified below, which project(s) or program(s)(hereinafter called the "Under taking(s)") 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 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CARSON: 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 Undertakings for which Federal financial assistance is sought: i . 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 Undertakings. 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. Section 42.120, 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, Res. No. 71-134/Page 2 of 3 religion or national origin, pursuant to Title VI of the Civil Rights Act of 1964 (42 U.S.C. 200d), 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 identified 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 Undertakings shall be borne in accordance with Section 211 of the Act. 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 inihe financial assistance agreements between this body and HUD, and in this connection hereby authorizes the provision to HUD of the opinion of its legal counsel to that effect. B. The Mayor or City Administrator of this public body is hereby authorized and directed to execute such amendments to the applicable financial assistance agreements between this body and HEAD 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 agreements between this public body and HUD for the Undertakings identified below and shall be deemed to supersede any provisi&ns in said agreements to the extent that such provisions may conflict with the assurances or agreements provided hereunder. D . This resolution of assurance and agreement is applicable to the following projects or programs identified above as being Undertakings of this public body: Project or Program Identification OSC 417 Identification of Financial Assistance Agreement Number OSC 476-G E. The Mayor or City Administrator is hereby authorized and directed to execute this document and the recording clerk or secretary of this body is authorized and directed to attestthe 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. PASSED, APPROVED and ADOPTED this 20th day of September 1971. ATTEST: ITY CLERK / MAYOK E. FREDERIC BIEN, City Administrptor Res. No. 71-134/Page 3 of 3 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF CARSON ) I, Marilyn R. Cortina, City Clerk of the City of Carson, California, do hereby certify that the whole number of members of the City Council of said City is four, that the foregoing resolution, being Resolution No. 71-134, was duly and regularly adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 20th day of September, 1971, and that the same was so passed and adopted by the following vote: AYES: COUNCILMEN: Bridgers, Marbut, Smith and Leahy. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. City Clerk, Vity of arson, Californiaa