HomeMy WebLinkAboutCity Council - 3551 RESOLUTION NO. 3551
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 (ADAMS-DELAWARE STORM DRAIN PROJECT)
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 , partner-
ships , 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 propety acquisition practices with respect to such
programs ; and
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
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
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
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 displace-
ment or real property acquisition as defined in the Act ,
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NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Huntington Beach :
A. That the United States of America and the Secretary
of Housing and Urban Development be , and they hereby are , pro-
vided through the adoption of this resolution, with the follow-
ing assurance 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 regu-
lations 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 pro-
vided 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 uni-
form and consistent services , and replacement housing
under 24 C .F.R. §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, religion or national origin,
pursuant to Title VI of the Civil Rights Act of 1964
(42 U.S .C . 20OOd) , Title VIM of the Civil Rights Act
of 1968 (42 U.S .C . 3501 et . seq. ) , and Executive Order
11063 (27 F .R. 11527) ;
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5 . In acquiring real property in connection with
the foregoing identified projects , contracts or agree-
ments , this governing body will be guided to the great-
est 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 Undertaking 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 appli-
cable 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 , notwith-
standing any provision set forth in the financial assis-
tance 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. David D . Rowlands , City Administrator, or James R.
Wheeler, Director of the Department of Public Works , of the
City of Huntington Beach is hereby authorized and directed to
execute such amendment(s) to the applicable financial assis-
tance agreement(s ) between this body and HUD , and to execute ,
establish 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 incor-
porated in the financial assistance agreement(s ) between this
public body and HUD for the Undertaking identified below
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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 agreement(s ) provided hereunder.
D. This resolution of assurance and agreement is appli-
cable to the following project identified above as being
Undertaking of this public body :
Project Identification
Adams-Delaware Storm Drain Project
Identification of Financial Assistance Agreement Number
None . HUD Project Identification No . WSF-CA-09-16-1036
E . The City Administrator, David, D. , Rowlands , or the
Director of the Department of Public Works , James R. Wheeler,
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 Develop-
ment .
F. This Resolution pertains to an emergency matter and
is effective immediately .
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 21st
day of August , 1972 . Ae
— MaycK
ATTEST : APPROVED AS TO FORM:
lty k City Attornem'1
•
ity Administrator
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Res. No. 3551
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 21st
day of August 19_2._, by the following vote:
AYES: Councilmen:
Bartlett, Gibbs, Green, Matney, Duke, Coen
NOES: Councilmen:
None
ABSENT: Councilmen:
Shipley
City Clerk and x-officio Clerk
of the City Council of the City
of Huntington Beach, California