HomeMy WebLinkAbout1991-03-08 Resolution 35.; .,
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RESOLUTION NO. 35
A RESOLUTION OF T~iiE SOUTH BEND..
REDEVELOPMENT AUTHORITY DECLARING
ITS_INTENT TO COMPLY WITH. THE. FEDERAL....
UNIFORM RELOCATIONS ASSISTANCE_AND REAL_
PROPERTY. ACQUI53TI(JNS POLICIES ACT OF 1.970
{42 U.S.C. Sec. 4.501-4.55.5.) AND. RATIFYING..
ACTIONS.. TAKEN PURSUANT_THERETO
WHEREAS, the South Bend Redevelopment Authority {the Authority)
undertakes activities, including the acquisition. of real property,
that subject the Authority to the requirements of the Indiana..
Relocation Assistance Act,. I.C. $-23-17, which Act requires the
Authority to compensate displaced persons far expenses and losses
including, but not limited to, the actual reasonable expenses in
moving those. persons.,. their families, businesses, farm operations or
gersanal'property; and.
WHEREAS., when undertaking certain- redevelopment activities.
involving the use of federal funds the Authority is also subject to
the Federal.. Uniform Relocations Assistance and Real Property
Acquisiti.ans Policies Act_of 1970 {42 U.S.C. Sec.. 4601.-4655) which.
Act also requires the Authority to make relocation payments and to
provide relocation assistance programs to persons displaced by reason
of tre Authority's actions; and...
WHEREAS, the obligations. placed upon. the Authority by the Federal.
Uniform Relocations_Assstance and-Real Property Acquisitions.
Policies Act differ from thosa placed upon the Authority by the.
Indiana. Relocation. Assistance Act.; and..
WHEREAS.,. the. Authority is desirious_af 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 Authority; and
WHEREAS.,. Section 31 of the Indiana. RelacatiQn_Assistance Act.
provides that an agency such. as the Authority 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 campliance_~,rith the Federal
Uniform Relocations Assistance and Real Property Acquisitions
Policies Act of 1970;. and
WHEREAS, the. Authority 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
AUTHORITY AS FOLLOWS:
1. That the Authority shall,. and hereby does, elect to follow
the requirements of the Federal Uniform_Rel.ocations Assistance and.
Real Property Acquisitians_Policies Act of 1970 {42 U.S.C. Sec. 4501.-
4655) rather than the requirements of the Indiana. Relocations
Assistance Act. far all relevant projects.
2. That each and every relocation payment and/or type of
relocation. assistance that has been provided by the Authority anal/or
its staff pursuant to the Federal Uniform Relacat:ion.s Assistance and
Real Property Acquisitions Policies Act of 1970 shall be, and herebg
is, ratified by the_Authority as an appropriate and authorized act of
the Authority.
3. That this resolution shall be in full force and effect upon
its adoption by the Authority.
ADOPTED at a meeting of the South Bend Redevelopment Authority
held on March 8, 1991, at 1200 County-City Building, 227 West Jefferson
Boulevard, South Bend, Indiana 46601.
• CITY OF SOUTH BEND REDEVELOPMENT
AUTHORITY
R
By:
osep W. Wroblewski, President
AT EST: -
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Donald. K. Fewell, Secretary-Treasurer
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JPM/OFD-RES2:RES-FURA
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