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HomeMy WebLinkAboutRES 1705 '' a . � . . • .i y � � . � ' .- . . �a • ` 1 RESOLUTION N0. I 7D� WHEREAS the City of Renton has heretofore made application I to the Department of Housing and Urban Development for certain grants pertaining to the construction of sanitary sewer projects within the City of Renton, and ' WHEREAS it will be necessary to acquire certain properties I�I in order to carry outs�id projects and the City being aware of the "land acquisition policy and relocation assistance requirements" as specified in HUD-41401-4a, and the City of Renton being agreeable and willing to comply with such requirements as hereinbelow set forth, I NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, AS FOLLOWS : SECTION I : The above recitals and findings are hereby found to be true and correct in all respects. SECTION II : The City hereby agrees to comply with the policy statements as contained in Form HUD-41401-4a, a copy of which is incorporated herein and made a part hereof as if fully set forth pursuant to which the City agrees to abide , among others , by the following policies and requirements , to-wit : A. The City will make every reasonable effort to acquire any real property necessary in carrying out the aforementioned sanitary sewer projects by negotiated purchase before instituting eminent domain proceedings. B. The City agrees not to require any owner to surrender possession of real property until the City pays , or causes to be paid , to the owner, (a) the agreed purchase price arrived at by negotiation between the parties , or Cb) in any case where only the amount of the payment to the owner is in dispute , not less than 75 percent of the appraised fair ma�cet value as approved by the City and concurred in by HUD. C. The City will not require any person lawfully occupying property to surrender possession without at least ninety (90 ) days written notice from the City of Renton of the date on which possession will be required. , - 1 - • . r . ,1. � y y � , • . � s . . . "� . l and the City further agrees to make any final o�fer in writing to any own�r, if prior negotiations have been unsuccessful, before the institution of condemnation proceedings which final offer shall provide forareasonable period of time for the owner to accept or reject such offer, and further advise such owner of the approximate date on which the City intends to institute such condemnation proceedings if an agreement cannot be reached between the City and such owner within the time specified. SECTION III : This Resolution shall be in full force and effect from and after its passage and approval. PASSED BY THE CITY COUNCIL this 14�tlay of September, 1970 . �.,L�C`��-�U� - Helmie Nelson, City Clerk APPROVED BY THE MAYOR this 14th day of September, 1970 . �'�-�-�1 ������t � Henry E. �hellert , Mayor pro tem Approv as to form: ��d� ,.��.��'c� Gerarfl M. -Shelfan , City Attorney - 2 - � . .'.... ', ` . . � ', . w � . I �:��r� Approvia ' . , ,. h"UL�..4240I-�a II :3u�get 5ureuu Na. 63-R11i7 . . • , � .. �9_6b) , i , I DEPARTMENT GF H�iISI�G A;1D U:Z}3A.ti DEVELOPi1�iEIv'T � I , y � . . � � . � � ' . , . � Wa�er and Sevrer Facil3ries Grant �ro�ram ' ' Land Acquisition Policy and Relocation Assistance Requirements , . i. ��.;�� s;,��;�:�S��SGN � , . , A, I�and to ;�e ucquired � In si�rriittir.g the ir�formatian reguested in :C�m IA of Supplement No, 4, the est:rnated direct land cost should be develaped by an analysis of recent comparable sales, VJhere assembly of parcels is required, the estimated cost may include an assembly factor not to exr.eed 15 percent of market value. The cast of demolition'or removal of structures an any developed land to be acquired shall I not be camputed as part of the acquisition cost. These casCs may b� includ�d in canstruc- ,, tion cas4 as a part af the total base for computing the Fedezai grant. � Indirect acquisition costs te.g., administrative, a;,praisal and title fees) shall not be con- sidered as elig:ble cosrs in com�utina the base for Che Water and SeweT F2CiIIC1�S Grant � Program. --. . .,, _ _ __ .. /'��.'�.. Palicy statement . . ��� . � To cornply with section a02 of the Hausing and Urban Development Act or 19b5, the appli- � " � � �cant ;nust subnit with Form HL'D-41401-4 a Land Acqtaisztian Palicy Staternent assurin� �; „ that, in the acquisitian af real property in cor,r.ectian with the develapment of a projec�: ? ; � � i. It will make every reasonabie effort ta acquire the real property by negotiated purchase . '; be;ore instituCin� eminent domain proceedings, � ` 2. it will not require any owner to surrender �ossession of real property until the appli- • cant pays, or causes to be paid, to the owner (a) xhe agreed purchase price arrived aC 1 i by negotiation, or (b) in any case where on;y the amount of the payment to the o�vner � � is in di.spute, nat less than 75 percent af the appraised fair value as appraved by the ? fi; ap�Iicant and concurred 'zn by HUD, �� ;, � 3, .It wzll not require any person lawiully accupying property to surrender possession � _�_ w�thaut at least 90 days' written notice irom the applicant af the date an which posses- .�i�.��^�vill be required. . _ . , --....�.....� __-� ,,,. ...,.,.., � - As used above, rea2 property means any land, or �ny interest in land or structu:ces or ' fixtares th�reon. Eminent domain proceedings include administrative takings and similar• . praceedi;�gs far the compulsory acquisitian of reai properTy. , f , � . ,The fnclusion of Item 1 in the applicant's staternent precludes the fiLn� af blankeC cai�- , / ' dem:.atiar.s. Every reasanabie effart to acquire each property by negotiated purct�ase , v/ ; m�ans tha� (i) the applicant,directly or throu�h its reai estate a�ent, shall make a d:�i�e�7i:, c�rwcientious effort to induce the owner to accept a fafr and proper price for his grape�cy, , ' , , r' � ` ' 3 - .. � .. =1;, +�, , '