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HomeMy WebLinkAboutResolution 2012-020 RESOLUTION NO. 2012 -020 WHEREAS, the Texas Legislature during this past session passed Senate Bill 18, which, among other changes, requires entities with the power of eminent domain to adopt rules for relocation advisory assistance consistent with the Uniform Relocation Assistance Act (42 USC §4622- 4625); NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: That the attached "Rules Relating to Administration of City Relocation Assistance Program" are hereby adopted. AND IT IS SO RESOLVED. PASSED AND APPROVED on the 21st day of May, 2012. CITY O ORTH ill LAND HILLS M By: L *j 1 z r 0 Trevino, Mayor AT.ST: /so) 1 % .( .............• ("27 A ......„ Patricia Hutson, City Secretary APP - 0V i = S 0 FORM AND LEGALITY: 4 1 s 4 Ld ' ' George A. Staples, 1 ity Attorney APPROVED AS Tr CON . . _1 J red Miller, Assistant City Manager Resolution No. 2012 -020 Page 1 of 7 RULES RELATING TO ADMINISTRATION OF CITY RELOCATION ASSISTANCE PROGRAM (derived from 42 USC §4622 -4625) Sec. 1 MOVING AND RELATED EXPENSES (a) General Provision When the acquisition of real property by the city will result in the displacement of any person, the city shall pay the displaced person: (1) actual reasonable expenses in moving himself, his family, business, farm operation, or other personal property not more than 50 miles; (2) actual direct losses of tangible personal property as a result of moving or discontinuing a business or farm operation, but not to exceed an amount equal to the reasonable expenses that would have been required to relocate such property, as determined by the city manager or his designee; (3) actual reasonable expense in searching for a replacement business or farm; and (4) actual reasonable expenses necessary to reestablish a displaced farm, nonprofit organization, or small business as its new site, but not to exceed $10,000. (b) Code Displacement A person who moves or discontinues his business, moves personal property or moves from his dwelling as a direct result of code enforcement, rehabilitation, or a demolition program, such person is considered to be displaced because of the acquisition of real property. (c) Displacement from dwelling; election of payments: expense and dislocation allowance Any displaced person eligible for payments under subsection (a) or (b) of this section who is displaced from a dwelling and who elects to accept the payments authorized by this subsection in lieu of the payments authorized by subsection (a) of this section may receive an expense and dislocation allowance, which shall be determined according to the current schedule established pursuant to 42 USC §4622(b). (d) Displacement from business or farm operation; election of payments; minimum and maximum amounts; eligibility Any displaced person eligible for payments under subsection (a) of this section who is displaced from the person's place of business or farm Resolution No. 2012 -020 Page 2 of 7 operation and who is eligible under criteria established by the city manager may elect to accept the payment authorized by 42 USC §4622(c) in lieu of payment authorized by subsection (a) hereof. Such payment shall consist of a fixed payment in an amount to be determined according to criteria established pursuant to 42 USC §4622(c), except that such payment shall not be Tess than $1,000 nor more than $20,000. A person whose sole business at the displacement dwelling is the rental of such property to others shall not qualify for a payment under this subsection. Sec. 2 REPLACEMENT HOUSING FOR HOMEOWNER; MORTGAGE INSURANCE (a) Payments to displaced owners occupying for 180 days or more. In addition to payments otherwise authorized by these Rules, the city shall make an additional payment not in excess of $22,500 to any displaced person who is displaced from a dwelling actually owned and occupied by such displaced person for not less than one hundred and eighty days prior to the initiation of negotiations for the acquisition of the property. Such additional payment shall include the following elements: (1) The amount, if any, which when added to the acquisition cost of the dwelling acquired by the displacing agency, equals the reasonable cost of a comparable replacement dwelling. (2) The amount, if any, which will compensate such displaced person for any increased interest costs and other debt service costs which such person is required to pay for financing the acquisition of any such comparable replacement dwelling. Such amount shall be paid only if the dwelling acquired by the displacing agency was encumbered by a bona fide mortgage which was a valid lien of such dwelling for not less than 180 days immediately prior to the initiation of negotiations for the acquisition of such dwelling. (3) Reasonable expenses incurred by such displace person for evidence of title, recording fees, and other closing costs incident to the purchase of the replacement dwelling, but not including prepaid expenses. (b) Payments available only to persons who purchase and occupy other dwelling within one year. The additional payment authorized by this section shall be made only to a displaced person who purchases and occupies a decent, safe, and sanitary replacement dwelling within 1 year after the date on which such person receives final payment from the city for the acquired dwelling or the date on which the city's obligation under section 4(c)(3) of this Rule is met, whichever is later, except that the city may extend such period for good Resolution No. 2012 -020 Page 3 of 7 cause. If such period is extended, the payment under this section shall be based on the costs of relocating the person to a comparable replacement dwelling within 1 year of such date. Sec. 3 REPLACEMENT HOUSING FOR TENANTS AND CERTAIN OTHERS (a) Payments to displaced persons occupying for 90 days or more. In addition to amounts otherwise authorized by these Rules, the city shall make a payment to or for any displaced person displaced from any dwelling not eligible to receive a payment under section 2 of this Rule which dwelling was actually and lawfully occupied by such displaced person for not Tess than 90 days immediately prior to: (1) the initiation of negotiations for acquisition of such dwelling, or (2) in any case in which displacement is not a direct result of acquisition, such other event as the city manager or his designee shall prescribe. Such payment shall consist of the amount necessary to enable such person to lease or rent for a period not to exceed 42 months, a comparable replacement dwelling, but not exceed $5,250. At the discretion f o the city manager er or his designee, a payment under this subsection may be made in periodic installments. Computation of a payment under this subsection to a low- income displaced person for a comparable replacement dwelling shall take into account such person's income. (b) Use of funds; additional payments to certain displaced homeowners. Any person eligible for payment under subsection (a) of this section may elect to apply such payment to a down payment on, and other incidental expenses pursuant to, the purchase of a decent, safe, and sanitary replacement dwelling. Any such person may, at the discretion of the city manager or his designee be eligible under this subsection for the maximum payment allowed under subsection (a) of this section, except that, in the case of a displaced homeowner who has owned and occupied the displacement dwelling for at least 90 days but not more than 180 days immediately prior to the initiation of negotiations for the acquisition of such dwelling, such payment shall not exceed the payment such person would otherwise have received under section 2(a) of these Rules had the person owned and occupied the displacement dwelling 180 days immediately prior to the initiation of such negotiations. Sec. 4 RELOCATION PLANNING, ASSISTANCE COORDINATION, AND ADVISORY SERVICES (a) Planning of programs or projects Resolution No. 2012 -020 Page 4 of 7 Programs or projects undertaken by the City shall be planned in a manner that: (1) recognizes, at an early stage in the planning of such programs or projects and before the commencement of any actions which will cause displacements, the problems associated with the displacement of individuals, families, businesses, and farm operations, and (2) provides for the resolution of such problems in order to minimize adverse impacts on displaced person and the expedite program or project advancement and completion. (b) Availability of advisory services The city manager shall ensure that the relocation assistance advisory services described in subsection (c) of this section are made available to all persons displaced by such agency. If such city manager determines that any person occupying property immediately adjacent to the property where the displacing activity occurs is caused substantial economic injury as a result thereof, the city manager may make available to such person such advisory services (c) Measures, facilities, or services; description Each relocation assistance advisory program required by subsection (b) of this section shall include such measures, facilities, or services as may be necessary or appropriate in order to: (1) determine, and make timely recommendations on, the needs and preferences, if any, of displaced persons for relocation assistance; (2) provide current and continuing information on the availability, sales prices, and rental charges of comparable replacement dwellings for displaced homeowners and tenants and suitable locations for businesses and farm operations; (3) assure that a person shall not be required to move from a dwelling unless the person has had a reasonable opportunity to relocate to a comparable replacement dwelling, except in the case of: (A) a major disaster as defined in 42 USC §5122(2); (B) a national emergency declared by the President; or (C) any other emergency which requires the person to move immediately from the dwelling because continued occupancy Resolution No. 2012 -020 Page5of7 of such dwelling by such person constitutes a substantial danger to the health or safety of such person; (4) assist a person displaced from a business or farm operation in obtaining and becoming established in a suitable replacement location; (5) supply (A) information concerning other Federal and State programs which may be of assistance to displaced persons, and (B) technical assistance to such persons in applying for assistance under such programs; and (6) provide other advisory services to displaced persons in order to minimize hardships to such persons in adjusting to relocation. (d) Coordination or relocation activities with other Federal, State, or local governmental actions The city manager or his designee shall coordinate the relocation activities performed by the city with other Federal, State, or local governmental actions in the community which could affect the efficient and effective delivery of relocation assistance and related services. (e) Tenants occupying property acquired for programs or projects; eligibility for advisory services In any case in which the city acquires property for a program or project, any person who occupies such property on a rental basis for a short term or a period subject to termination when the property is needed for the program or project shall be eligible for advisory services to the extent determined by the city manager. Sec. 5 HOUSING REPLACEMENT BY THE CITY AS LAST RESORT (a) Expenditures for dwellings if no comparable dwellings are available. If a program or project undertaken by the city cannot proceed on a timely basis because comparable replacement dwellings are not available, and the city manager determines that such dwellings cannot otherwise be made available, the city manager may take such action as is necessary or appropriate to provide such dwellings by use of funds authorized for such project. The city manager may use this section to exceed the maximum amounts which may be paid under sections 2 and 3 of these Rules on a case -by -case basis for good cause as determined in accordance with such regulations as the city manager shall issue. Resolution No. 2012 -020 Page 6 of 7 (b) City manager to be satisfied as to existence of available comparable replacement housing. No person shall be required to move from his dwelling on account of any program or project undertaken by the city, unless the city manager is satisfied that comparable replacement housing is available to such person. Sec. 6 EXPENDITURES LIMITED TO THOSE AUTHORIZED UNDER FEDERAL LAW Notwithstanding anything to the contrary herein, no expenditure is authorized that exceeds payments authorized under the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 USC §4601, et seq. No expenditure shall be made for any person who is not lawfully within the United States. Resolution No. 2012 -020 Page 7 of 7