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HomeMy WebLinkAboutReso 1971-6000 RESOLUTION NO. 6000 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, PROVIDING ASSURANCE OF COMPLIANCE WITH THE PROVISIONS OF THE UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT OF 1970 The City Cquncil of the City of Chula Vista does hereby resolve as follows: 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 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 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 Chula Vista as follows: 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 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 displace- ment, decent, safe and sanitary replacement dwellings will be available to displaced persons in accordance with Section 205 (c) (3) of the Act. - 1 - 4. In acquiring real property in connection with the foregoing identified projects, contracts or agreements, this governing body will be guided to the greatest ex- tent practicable under state law, by the land acquisition policies set out under Section 301 of the Act and the provisions of Section 302 thereof; 5. Property owners will be paid or reimbursed for necessary expenses as specified in Sections 303 and 304 of the Act; and 6. 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; 7. The public body hereby gives assurance that it has authority under applicable State and 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 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 the Mayor Pro Tempore of the City of Chula Vista is hereby authorized and 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 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 agreement between the City of Chula Vista 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. D. This resolution of assurance and agreement is applicable to the following project or program identified above as being and Under- taking of this public body: Project or Program Identification Identification of Financial Assistance Agreement Number Harborside and Otay Parks (Parks-in-Cities Program) Calif-OSC-456 E. The Mayor or Mayor Pro Tempore of the City of Chula Vista is hereby authorized and directed to execute this document and the City Clerk of the City of Chula Vista 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 - lU5 foO(){) F. This Resolution pertains to an emergency matter and is effective immediately upon its passage and approval. CALIFORNIA Jr ., ayor IN ~ITNESS WHEREOF, I have hereunto set my hand on this March , 1971. Z .oU~ ~nnie M. Fulasz, City~ lerk 30th day of Approved as to form by ~~ George . Lindberg, City Atto y . ::r - 1 _ ~/ ~C)(JO ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 30th day of March , 1971 , by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde NAYES: Councilmen None ABSENT: Counci Imen None Y?Vl~~ -m/ ~~ City Clerk ATTES STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA ) I, JENNIE Mo FULASZ, City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full; true and correct copy of , and that the same has not been amended or repealed" DATED, City Clerk ~e.{J , 0000