No. 0978 declaring intent to comply with the federal uniform relocations assistance and real property acquisitions policies act of 1970 and ratifying actions taken pursuant thereto

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LA RESOLUTION NO. 978 A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION DECLARING ITS INTENT TO COMPLY WITH THE FEDERAL UNIFORM RELOCATIONS ASSISTANCE AND REAL PROPERTY ACQUISITIONS POLICIES ACT OF 1970 (42 U.S.C. Sec. 4601 -4655) AND RATIFYING ACTIONS TAKEN PURSUANT THERETO WHEREAS, the South Bend Redevelopment Commission (the Commission) undertakes activities, including the acquisition of real property, that subject the Commission to the requirements of the Indiana Relocation Assistance Act, I.C. 8- 23 -17, which Act requires the Commission to compensate displaced persons for expenses and losses including, but not limited to, the actual reasonable expenses in moving those persons, their families, businesses, farm operations or personal property; and WHEREAS, when undertaking certain redevelopment activities involving the use of federal funds the Commission is also subject to the Federal Uniform Relocations Assistance and Real Property Acquisitions Policies Act of 1970 (42 U.S.C. Sec. 4601 -4655) which Act also requires the Commission to make relocation payments and to provide relocation assistance programs to persons displaced by reason of the Commission's actions; and WHEREAS, the obligations placed upon the Commission by the Federal Uniform Relocations Assistance and Real Property Acquisitions Policies Act differ from those placed upon the Commission by the Indiana Relocation Assistance Act; and WHEREAS, the Commission is desirious of treating equally all individuals displaced by redevelopment activities and has determined that the source of funding for such redevelopment activities should not determine the extent and nature of relocation assistance provided by the Commission; and WHEREAS, Section 31 of the Indiana Relocation Assistance Act provides that an agency such as the Commission that is subject to the requirements of the Federal Uniform Relocations Assistance and Real Property Acquisitions Policies Act of 1970 is not required to make relocation payments or provide relocation assistance programs under the Indiana Relocation Assistance Act, if such an agency complies with all applicable federal law and regulations relating to relocation payments and assistance for persons displaced by a project undertaken by such agency, including compliance with the Federal Uniform Relocations Assistance and Real Property Acquisitions Policies Act of 1970; and WHEREAS, the Commission believes the Federal Uniform Relocations Assistance and Real Property Acquisitions Policies Act of 1970 allows it to provide more generous relocation assistance and compensation than is allowed by the Indiana Relocation Assistance Act. NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT COMMISSION AS FOLLOWS: 1. That the Commission shall, and hereby does, elect to follow the requirements of the Federal Uniform Relocations Assistance and Real Property Acquisitions Policies Act of 1970 (42 U.S.C. Sec. 4601- 4655) rather than the requirements of the Indiana Relocations Assistance Act for all relevant projects. 2. That each and every relocation payment and /or type of relocation assistance that has been provided by the Commission and /or its staff pursuant to the Federal Uniform Relocations Assistance and Real Property Acquisitions Policies Act of 1970 shall be, and hereby is, ratified by the Commission as an appropriate and authorized act of the Commission. 3. That this resolution shall be in full force and effect upon its adoption by the Commission.