HomeMy WebLinkAbout78-77 RESOLUTION•
RESOLUTION NO. 760-17
A RESOLUTION ASSURING THE DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT THAT THE CITY OF FAYETTEVILLE WILL COMPLY
WITH THE REAL PROPERTY ACQUISITION REQUIREMENTS PRESCRIBED
BY THE UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUI-
SITION POLICIES ACT OF 1970 AND BY HUD'S IMPLEMENTING REGU-
LATIONS IN CONNECTION WITH THE ACQUISITION OF EASEMENTS NEC-
ESSARY FOR COMMUNITY DEVELOPMENT PROGRAM IMPROVEMENTS.
WHEREAS, the City of Fayetteville, Arkansas, has hereto-
fore failed to comply with the real property acquisition pro-
cedures prescribed by the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970 and HUD'S
Implementing Regulations in connection with the acquisition
of easements necessary for Community Defelopment program
improvements; and
WHEREAS, during the period of said noncompliance, the
City of Fayetteville, Arkansas, had pending in the United
States District Court for the Western District of Arkansas,
a lawsuit challenging the applicability of said Act to the
acquisition of easements where such acquisition does not
result in the displacement of a property owner or other
person; and,
WHEREAS, the District Court recently ruled that said
Act applies to the acquisition of easements regardless of
whether displacement occurs.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS
OF THE CITY OF FAYETTEVILLE:
Section 1. That the Board of Directors hereby assures
the Department of Housing and Urban Development that. the
City of Fayetteville will comply with the requirements of
the Uniform Relocation Ass1.stance and Real Property Acquisi-
tion Policies Act of 1970 in the acquisition of easements
which have heretofore been acquired, or may hereafter be
acquired, in connection with Community Development program
improvements.
Section 2. The Board of Directors hereby requests the
Fayetteville Community Development Committee to hold public
hearings on, and make a recommendation regarding, amendments
to the City's proposed Community Development Program so that
the sum of $ 35,000.00 may be reserved to pay the
costs of complying with the aforesaid Uniform Act.
PASSED AND APPROVED THIS ad DAY OF
1977.
ATTEST:
C TY CLERK
APPROVED:
MAYOR
MICROFILMED
DATE OCT 2 0 1.97g
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