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HomeMy WebLinkAbout1905RESOLUTION NO. 1</0,5 A RESOLUTION of the City Council of the City of Kent, Washington, repealing Resolution No. 698, and establishing new procedures related to relocation assistance for city projects not receiving federal financial assistance. RECITALS A. On June 21, 1971, the city council adopted Resolution No. 698, which assured compliance with the land acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 ("Uniform Act"). B. The Uniform Act, passed by Congress in 1970, is a federal law that establishes minimum standards related to relocation payments for federally funded programs and projects that require the acquisition of real property or displace persons from homes, farms or other businesses. The Uniform Act's protections and assistance apply to the acquisition, rehabilitation, or demolition of real property for federal or federally funded projects. C. The City is bound by the Uniform Act and Chapter 8.26 RCW, pertaining to relocation assistance, for all projects receiving federal 1 Relocation Resolution Repealed New Resolution Adopted financial assistance, and there is no need to adopt additional requirements beyond these requirements. D. Pursuant to RCW 8.26.010(2), the governing body of the city may elect to opt out of certain relocation assistance programs if a project is financed solely through city funds. Relocation payments can sometimes prove cost-prohibitive for completion of smaller public works projects. E. Nothing in this resolution abrogates the rights of the people to due process and just compensation, as provided in both the Washington constitution and the United States Constitution, when private property is taken by the government for a public purpose. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. -Resolution No. 698 -Repealed. Upon the effective date of this resolution, Resolution No. 698 is repealed and will no longer be effective for application in the City of Kent. SECTION 2. -New Policv. As provided in RCW 8.26.010(2), the City Council of the city of Kent elects not to comply with the provisions of RCW 8.26.035 through 8.26.115 and RCW 8.26.180 through 8.26.200 in connection with programs or projects not receiving federal financial assistance. SECTION 3. -Savings. If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. 2 Relocation Resolution Repealed New Resolution Adopted SECTION 4. -Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 5. -Corrections by City Cieri<. Upon approval of the City Attorney, the City Clerk is authorized to make necessary corrections to this resolution or its exhibit, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or resolution numbering and section/subsection numbering. SECTION 6. -Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the City Council of the City of Kent, Washington, this .J'rf!' day of March, 2015. .,;>lf:JZ CONCURRED in by the Mayor of the City of Kent this 2... day of March, 2015. APPROVED AS TO FORM: 1 r I -~J"I M Le/ v~ TO BRUBAKER, CITY ATTORNEY 3 Relocation Resolution Repealed New Resolution Adopted I hereby certify that this is a true and correct copy of Resolution No. /-?t/'.5 passed by the City Council of the City of Kent, Washington, the 3~" day of daA , 2015. l/ ,P'/ 4 /--- Relocation Resolution Repealed New Resolution Adopted