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HomeMy WebLinkAbout38-71 RESOLUTIONRESOLUTION NO. gef'-�f/ RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS, PROVIDING ASSURANCES PURSUANT TO 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 referred to as the "Act") establishes uniform policies for the fair and equitable treatment of persons 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 has application to programs and projects receiving financial assistance under the Housing and Urban Develop- ment evelopment Act of 1965, as amended; and WHEREAS, the City of Fayetteville, Arkansas (herein called the "Local Authority") has made application for financial assistance under the Housing and Urban Development Act of 1965, as amended for project designated as WSF-AR»1001; and WHEREAS, the activities for which such assistance is sought will involve displacement and/or land acquisition occurring 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 assurances before the head of a Federal agency can approve any grant to, or contract or agreement with, a State agency, under which Federal financial assistance will be available to pay all or part of the cost of any program or project which will result in displacement or real property acquisition subject to the requirements of the Act; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: 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 regard- ing conduct by the Local Authority of the project or program for which Federal financial assistance under the Housing and Urban Development Act of 1965 as -amended, is sought • 2 The Local Authority hereby assures that it has authority under state law to comply with Sections 210 and 305 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and agrees that, not- withstanding any conflicting provision set forth herein: (1) Fair and reasonable relocation payments and assistance shall be provided in accordance with Sections 202, 203, and 204 of the Uniform Act and applicable Department of Housing and Urban Development regulations in effect at the time o f displacement, to or for individuals, partnerships; cor- porations or associations displaced as a result of the Project; (2) Relocation assistance programs offering the services described in Section 205 of the Uniform Act shall be pro- vided to such displaced individuals, partnerships, cor- porations or associations in the manner provided under applicable HUD regulations in effect at the time of dis- placement; (3) Within a reasonable time prior to displacement, decent, safe and sanitary replacement dwellings will be available to such displaced individuals, partnerships; corporations or associations in accordance with Section 205 (c) (3) o f the Act; (4) In acquiring real property in connection with. the Project, the Local Authority will be guided to the greatest extent practicable under state law, by the land acquisition policies set out under Sections 301 and the provisions o f Section 302 of the Act; and (5) Property owners will be paid or reimbursed for necessary expenses as specified in Sections 303 and 304 o f the Act; (6) The costs to the Local Authority of providing payments and assistance hereunder shall be,borne in accordance with Section 211 of the Act; (7) The Local Authority will execute such amendments to its contract and execute, furnish, and be bound by such additional documents as the Secretary of Housing and Urban Development shall determine necessary to effectuate or implement the assurances provided hereunder. PASSED AND APPROVED this