HomeMy WebLinkAboutNo. 0978 declaring intent to comply with the federal uniform relocations assistance and real property acquisitions policies act of 1970 and ratifying actions taken pursuant theretoLA
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.
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ADOPTED at a meeting of the South Bend Redevelopment Commission
held on February 8, 1991, at 1200 County -City Building, 227 West
Jefferson Boulevard, South Bend, Indiana 46601.
Attest:
Michael Donoho, Secretary
JPM /ORD- RES2:RES -FURA
CITY OF SOUTH BEND REDEVELOPMENT
COMMISSION
Paula N. Auburn, President