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1991-03-08 Resolution 35
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1991-03-08 Resolution 35
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.; ., <br />• <br />• <br /> <br />RESOLUTION NO. 35 <br />A RESOLUTION OF T~iiE SOUTH BEND.. <br />REDEVELOPMENT AUTHORITY DECLARING <br />ITS_INTENT TO COMPLY WITH. THE. FEDERAL.... <br />UNIFORM RELOCATIONS ASSISTANCE_AND REAL_ <br />PROPERTY. ACQUI53TI(JNS POLICIES ACT OF 1.970 <br />{42 U.S.C. Sec. 4.501-4.55.5.) AND. RATIFYING.. <br />ACTIONS.. TAKEN PURSUANT_THERETO <br />WHEREAS, the South Bend Redevelopment Authority {the Authority) <br />undertakes activities, including the acquisition. of real property, <br />that subject the Authority to the requirements of the Indiana.. <br />Relocation Assistance Act,. I.C. $-23-17, which Act requires the <br />Authority to compensate displaced persons far expenses and losses <br />including, but not limited to, the actual reasonable expenses in <br />moving those. persons.,. their families, businesses, farm operations or <br />gersanal'property; and. <br />WHEREAS., when undertaking certain- redevelopment activities. <br />involving the use of federal funds the Authority is also subject to <br />the Federal.. Uniform Relocations Assistance and Real Property <br />Acquisiti.ans Policies Act_of 1970 {42 U.S.C. Sec.. 4601.-4655) which. <br />Act also requires the Authority to make relocation payments and to <br />provide relocation assistance programs to persons displaced by reason <br />of tre Authority's actions; and... <br />WHEREAS, the obligations. placed upon. the Authority by the Federal. <br />Uniform Relocations_Assstance and-Real Property Acquisitions. <br />Policies Act differ from thosa placed upon the Authority by the. <br />Indiana. Relocation. Assistance Act.; and.. <br />WHEREAS.,. the. Authority is desirious_af treating equally all <br />individuals displaced by redevelopment activities. and has determined <br />that. the source of funding for such redevelopment activities should. <br />not determine the extent and nature of relocation assistance provided. <br />by the Authority; and <br />WHEREAS.,. Section 31 of the Indiana. RelacatiQn_Assistance Act. <br />provides that an agency such. as the Authority that. is subject to the.. <br />requirements. of the Federal Uniform Relocations. Assistance and Real_ <br />Property Acquisitions Policies. Act. of 1970 is not. required. to make <br />relocation payments or provide relocation assistance programs under <br />the Indiana. Relocation. Assistance Act,. if such an agency complies <br />with all applicable federal law and regulations relating to <br />relocation payments and assistance for persons displaced by a project_ <br />undertaken by such agency,. including campliance_~,rith the Federal <br />Uniform Relocations Assistance and Real Property Acquisitions <br />Policies Act of 1970;. and <br />WHEREAS, the. Authority believes the Federal Uniform Relocations.. <br />Assistance and Real Property~Acquisitions Policies Act of_1970 allows <br />~~ it to provide more generous relocation.. assistance and compensation <br />than is allowed by the Indiana Relocation Assistance_Act. <br />NOW, THEREFORE., BE IT RESOLVED BY THE. SOUTH BEND REDEVELOPMENT <br />AUTHORITY AS FOLLOWS: <br />1. That the Authority shall,. and hereby does, elect to follow <br />the requirements of the Federal Uniform_Rel.ocations Assistance and. <br />Real Property Acquisitians_Policies Act of 1970 {42 U.S.C. Sec. 4501.- <br />4655) rather than the requirements of the Indiana. Relocations <br />Assistance Act. far all relevant projects. <br />2. That each and every relocation payment and/or type of <br />relocation. assistance that has been provided by the Authority anal/or <br />its staff pursuant to the Federal Uniform Relacat:ion.s Assistance and <br />Real Property Acquisitions Policies Act of 1970 shall be, and herebg <br />is, ratified by the_Authority as an appropriate and authorized act of <br />the Authority. <br />3. That this resolution shall be in full force and effect upon <br />its adoption by the Authority. <br />
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