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HomeMy WebLinkAboutRES 1744 . , - .; . - i ;�t-- . RESOLUTION IvO. ���� RESOLUTION PROVIDING BINDER IN CONNECTION WITH COMPL.IANCE ASSURANCE REQUIREMENTS OF THE LAND ACQUISI�ION AND RELOCATION ASSISTANCE PROVISIONS OF UNIFORM RELOCATION ASSISTAN('F AND REAL PROPERTY ACQUISITION POLICIES ACT OF 197� - INSTALLATION OF SANITARY SEWER COLLECTION TRUi1KS - HIGHLANDS SEWER BYPASS - N. 6TH ST. LINE - LAKE WASHINGTON SEWER - EARLINGTON GARDENS - EDMONDS AVE . N.E. AND ELDON ACRES TRUNK 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 land acquisition and for the fair and equitable treat�nent of individuals , partnerships , corporations , or associatiQns (hereinafter called "displaced persons") who are displaced as a result of Federal and federally assisted programs; and WHEREAS , the Act is applicable -b� various programs and projects (hereinafter called the "undertakings") receiving financial assistance from a Federal Agency such as the Department of Housing and Urban Development (hereinafter called "HUD" ) ; and WHEREAS the City of Renton seeks financial assistance pursuant to undertakings identified below, subject to the Act and administered by HUD; and WHEREAS the activities for which such assistance is sought will involve land acquisition occuring on or after January 2 , 1971, the effective date of the Act; and WHEREAS , Section 305 of the Act requires the receipt of certain assurances before the head of a Federal agency can provide financial assistance to pay all or part of the cost of any undertakings which will result in land acquisition as defined in the Act; and WHEREAS , Sectinn 210 of the Act requires the receipt of certain assurances before the head of a Federal agency can provide financial assistance to pay all or part of the cost of any undertakings which will result in displacement as defined in the Act. NOW, THEREFORE , BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL , -�- F �, • +�. � ti I OF THE CITY OF awNTON , WASHIN�T4N, AS �'4LLt�WS : r�. '�'he Lity of Re�itan here;,3v agrees that {1) within 90 days of the d�te hereof it wil� provide an opinion of the City Attorney with res�ect to its aba.lity �c com�q�r ander state or local law with the requireanents o� Secti.ons 210 and 305 oL the uniform Relocation Assistance �n� :.eal Froperty �ct of 1970 (Public Law 91-646 , hereinafter called the "Act" ) ; and ( 2? in �i-ne even� -�hat it is determined that this body is able tc co:nply with �ections 210 and 305 , it shall execute and provide the assurances set forth in Exni}�it "lt` hereto . This body further agrees (1) w:�ere the State Attorney Ge:�eral has issued an opinion an a. question of �nterpretation of state la�a which is at issue in making a determinationof �.ts abilit;r to comply �aith the requirements of Section� 210 and 305 of the Act , it shall be guided by such apinian; and (2� nothing herein or a.n any contract or agreement of which this Binder is made part shall be construed to delay such Agency's obligation to com�iy with t:�e ��equirernents or Sections 210 and 305 with respect to land acquisition an�. the displacement af such displaced persons occurring after July i , 19�2 , B . This dacument ys hereby made a part of and is incorporated in the financial a�sistance agreements between this public bady and HUD for the undertakings identified below ar�d shall be deemed to supersede any prava.sions in said agreemen�s to thE? extent that such provisions may conflict w.ith the assura.nces or agreements pravided hereunder. C. This Binder Resolution and Agreemen� is applicable to the �ollowiag �rojects identiiied above as bein� undertakings 4f this gublic body: Project or Pregram Identifieation af Finaneial Tdentification Assistance Agreement Number Installation of sanitary sewer collecti��n trunks - Highlands Sewer Bypass - N. 6tn St. Line - Lake Washington Sewer - WS-Wash-129 Earlington Gardens - Edmonds Ave. N.� . . and Eldon Acres Trunk -L- r z^ • ' � � , D. The Mayor of the City of Rento� i,s hereby authorized and directed ta execute -�his document and the City Clerk is au�harized and directed to attest the execution of this document , affix the seal thereto, and to furnish such counterparts as may be required by the Secretary of Hausing and Urhan Development. E. This Bi.nder Resolution pertains to an emergency matter and shall become effective immediately. Passed by the C�.ty council this 24�h day of May, 19?1. � /�,;G-�� Helmie Nelson, Ci-�y Clerk Approved by the Mayor this 24th day af May, 1971. I � ���L.'_' I very rett, a� — Approvec3 as to Form: — :, � ; - l �. . �, %.'..-�--z....-�-�, :�=:.�"' nn`!i. ain, Jr. , - ssistan� City �ttorney s�Ai�r�w�s�r�n�za�� � 6AN KINO I;_:_____ `- -- . __�_, I�rk in end for #he Ctty af Renton, lM9§hIR��@R, �@ N@f@�!�&� th�t Eh�t�regalna Reeolution is e true and r�-rp�t €���f @��@9@iN€I@fl N@:_�_�::�:�=._�f tha Clty of Rentao, as 'rt appeur� .r, . ifl Ffl�9�#1€�: (f1 �� M�hBRB@� 4 �t0 �!t my M�nd nd �lflxM the seal ni �I11�9�R99!l9R�1�11l::.=��_:_...---•=--.dt�y ot.....�a:�,l,}f...,�.�7./ U __.,...,.._....___......__...__._.. __,..._—.- - ..._s.,..,.,.._,.>.....«.,...GtY Clerk -3- � ,;� .. � ` � -- ��;��� / 7�� EXHIBIT "1" ��t�c ASSURANCES AS TO LAND ACQUISITION (1) In acc�uirin� real property in con�iecti�il a�ith L•he fore�oing identified projects, conlr�lct� or a�recment�, the (SL•ate Agency) wil: be �uicicd to L•hc ErcaCesC exCent• �racL•i.cable under s�a�e law, by ti�e lai�d acnuisition policies seC ouL' uc�der SecL'ian 3Q1 of• �he Aet ond th� pravisioa� of Sect;ion 302• t}�crcof; (2), Property o�oners will be paid or rcimbursed for necessary expenses �s specified in SecL-ions 303 ar�d 304 ot t-he Act; vud (3) The cos�:s to L•he (S�at•e A�ency) of providin� nayments and assisL•au� there�mder st►all be borne in accorcl�nce wi.�ii Secti.an 2].1 of the Act. (4) Tl�c (�itic of Chief Lxecutivc Officcr) i� a��Chorized to exccute sucli anendr,�ent to the abova idetiCified conCract(�) �nd such addiCional docu- ments, �oliich the (Statc A,ei�cy) ��recs ta ft�rui.sh and bc b�ur►d b3•, as tbe SecrEtary of I�oUsinE and Urb.��� Developmeeit sh,all ueCc�:a�iae necessary to effectua�e or in�plemant Che �+ssuiacices pLovided hereunder. ASSURANCES AS TO RELOCATIONS I.� Fair and reason�zble relocatian p.�yments and a�sistance shall bs prc,vided, in accorclaucc with Sactions 202, 203, and 204 oF �Lo AcC . and applicable IiUD regulations in efiecC at the time ot displacemenC; to or for displaced persons wl►ose dis- pincement occurs As n resul� of tl►Q underCaking; 2. Rcl.ocat:i.on assi.:C�nc� pro�;r.nui, ofC��xiti� CI►c sei�riccs described in SccCxo►i 205 of• L•he AcC sl�.zll be pruvided to �ucl� disrl.�tcccl person� in tlic ma�incr p•:ovidcci unJcr arPli.caf�)c iIUD rc;;ul.lCi.ons; in ottecL ar the tiroc of d?spJ.accmenC; 3: �lithin a rcasonab]a l�eriod of Cirue prior to displaccment, decei�t, cafc, .1nd sa►�iC�1ry replacemenC dwellinE� wi.11 bc avzil�l,lc to displac!ed �er�ons in acco�dance will� 5ccCion zeS(c)(s) ot elic ncc; 4. The costs of provi.clin� rel�cuLion �+ay►nen�s �nd a�sist�lnec to L-l�c pt�blic body's Ui�dert�ki.n�(s) sli.�ll be bor.ne in accord�►nce �aiCh SecCiou ?.l� of. l•he Act; 5. The pi�bli.c body l�ereby sivcs assurance l•liat iC l�as autiloril'y unJcr aPplicabla State and local law to comply �•�ith Scctioa 21� of tlie Act•, noL-wiCl�sranctins any provi�sion set forCh in the fiiiancial assi.stance ��reeu�eni:(s) t��e��een this bocl�� aitd �IUll, and in L•his connec�ion hereby ai�thor.izes tl�e provision to IlUD of Che opinion of its lcgal counsel to ti�at affe�t.