HomeMy WebLinkAboutCity Council - 3307 RESOLUTION NO. 3307
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH 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 Prop-
erty 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 prac-
tices with respect to such programs ; and
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
This governing body seeks financial assistance pursuant to
projects or programs identified below, which projects or programs
hereinafter called the "Undertakings" ) is subject to the Act and
is administered by HUD; and
The activities for which such assistance is sought will in-
volve displacement and/or land acquisition occurring on or after
January 2, 1971, the effective date of the Act; and
Sections 210 and 305 of the Act require the provision of
certain assurances before the head of a Federal agency can pro-
vide 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 this governing body :
A . That the United States of America and the Secretary of
1 .
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 :
1. Fair and reasonable relocation payments and
assistance shall be provided, in accordance with Sections
2023 203, and 204 of the Act and applicable HUD regula-
tions 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 pro-
vided 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 . 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 pro-
visions 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 Undertakings 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 local law to comply
with Sections 210 and 305 of the Act, notwithstanding any
provision set forth in the financial assistance agreements
2 .
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 Pro Tem and City Clerk of this public body is
hereby authorized and directed to execute such amendments to the
applicable financial assistance agreements 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 agreements between this public body and
HUD for the Undertakings identified below and shall be deemed to
supersede any provisions 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 of Financial
Identification Assistance Agreement Number
1. CALIF-OSA-375 1 . CALIF-OSA-375(G)
2 . CALIF-OSC-398 2 . CALIF-OSC-398(G)
3 . CALIF-OSA-448 3 . No contract has been
submitted at this time
4 . CALIF-OSD-464 4 . CALIF-OSD-464 (G)
5 . OSL-CA-09-16-1002(A) 5 . No contract has been
submitted at this time
E. The Mayor Pro Tem and City Clerk are 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 .
3 •
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 5th
day of April, 1971.
Mayor Pro Tem
ATTEST
Cit7—.1Merk
APPROVED AS TO FORM:
ity Attorney
4 .
OFFICE OF
"".s'°age CITY ATTORNEY
P. O. BOX 190
HUNTINGTON BEACH
9ysF�°IIMTY` CALIFORNIA 92648
DON P. BONFA 5 April 1971 TELEPHONE
CITY ATTORNEY (714) 536-5261
Honorable Mayor and City Council
City of Huntington Beach
Post Office Box 190
Huntington Beach, California 92648
RE : CALIF-OSA-375(G) : CALIF-OSA-448: CALIF-OSC-398(G) :
CALIF-OSD-464(G) : OSL-CA-09-16-1002(A)
Gentlemen:
I am an attorney at law admitted to practice in the State
of California. As counsel for the City of Huntington Beach, I
have examined the Resolution entitled, "Resolution Providing
Assurance of Compliance with the Provisions of the Uniform Re-
location Assistance and Real Property Acquisition Policies Act
of 19701, " and, adopted by it on the 5th day of April, 1971,
whereby certain assurances or agreements are provided to the
United States of America and the Secretary of Housing and Urban
Development with respect to the requirements of the Uniform Re-
location Assistance and Real Property Acquisition Policies Act
of 1970, P.L. 91-646, regarding conduct of the City of Hunting-
ton Beach of the above Projects involving Federal financial
assistance from the Department of Housing and Urban Development .
I have also examined the official records with respect thereto
and applicable local and State laws .
It is my opinion that the proceedings have been taken and
said Resolution adopted in form, manner and otherwise as
authorized by law; that none of the proceedings and no authority
for the adoption of said Resolution have or has been repealed,
rescinded, or revoked and said Resolution is in full force and
effect; and that assurances set forth therein are consistent
with and will be legally binding under applicable State and
local law.
Respectfully submitted,
—. '
DON P . BONFA
City Attorne
DPB :bc
Res. No. 3307
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I , PAUL C. JONES, the duly elected, qualified and
acting City Clerk of the City of Huntington Beach, and ex-
officio Clerk of the City Council of said City , do hereby
certify that the whole number of members of the City Council
of the City of Huntington Beach is seven; that the foregoing
resolution was passed and adopted by the affirmative vote of
more than a majority of all the members of said City Council
at a regular meeting thereof held on the 5th
day of April 10 71 , by the following vote:
AYES: Councilmen:
McCracken, Bartlett, Gibbs, Green, Coen, Matney
NOES: Councilmen:
None
ABSENT: Councilmen:
Shipley
City Clerk an x-officio Clerk
of the City Council of the City
of Huntington Beach, California