HomeMy WebLinkAboutResolution 4430-04-2015 A Resolution
NO. 4430-04-2015
A RESOLUTION ADOPTING RULES FOR THE ADMINISTRATION OF THE
CITY OF FORT WORTH RELOCATION ASSISTANCE PROGRAM
WHEREAS, Senate Bill 18 of the 82nd Legislature amended Chapter 21 of the
Texas Property Code to require municipalities to provide relocation benefits and services
compatible with the Federal Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 to eligible displacees in all City projects;
WHEREAS, upon passage of SB 18, various City of Fort Worth ("City")
departments, including the Department of Transportation and Public Works, adopted, by
practice, Rules for Administering the Relocation Assistance Program, whereby, the City
provided standardized relocation benefits and services to qualifying residents,
businesses, and other qualifying entities in conformance with the Federal Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970;
WHEREAS, Section 21.046(c) of the Texas Property Code requires municipalities
to adopt rules relating to the administration of the Relocation Assistance Program; and
WHEREAS, this resolution serves to formally adopt the City's Rules for the
Administration of its Relocation Assistance Program and acknowledges that the City's
prior use of the Rules, as adopted by practice, was in compliance with the Senate Bill 18
requirements;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS:
SECTION 1.
That the Rules for the Administration of the City of Fort Worth Relocation
Assistance Program attached hereto as Exhibit "A" are hereby adopted by the City as a
guideline for providing relocation benefits and services in appropriate cases. The City
Council hereby finds and determines that its Relocation Assistance Program is
compatible with the Federal Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, as amended, as required by Section 21.046 of the
Texas Property Code.
Adopted this 7`h day of A,p il, 2015. poa�IFORI- as
ATTEST: 4�O °°o0
By: – -- — �— odd
0
Mary Kayser, i S 'cre ary ��,*°o° °o i�dd
000000 ORTA
EXHIBIT A
City of Fort Worth
Relocation Assistance Rules
FoRTWORTH
TABLE OF CONTENTS
SectionI: Purpose ......................................................................................................2
Section 11: Scope of Rules ..........................................................................................2
Section III: Applicable Law .......................................................................................3
SectionIV: Definitions ..............................................................................................3
Section V: Standards for Decent, Safe and Sanitary Housing ...................................6
Section VI: Relocation Assistance .............................................................................7
Section VII: Moving Expenses...................................................................................11
Section VIII: Replacement Housing Payments ..........................................................17
SectionIX: Appeals ...................................................................................................18
Section X: Modifications to Relocation Assistance Rules ........................................19
i Last Revised on 4n115
Section I. Purpose
To provide rules for a relocation advisory service for a Person, Business, Farming or Ranching
Operation, or a Nonprofit Organization that is compatible with the Federal Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970, as amended,' in accordance with
Senate Bill 18 enacted by the 82nd Texas Legislature.
Section II. Scope of Rules
(a) A relocation advisory service will be made available as a cost of acquiring real
property if a Person, Business, Farming or Ranching Operation, or a Nonprofit
Organization is displaced in connection with the acquisition of real property for a
public use.
(b) The provisions of these rules shall apply only to City projects and shall be carried
out by the City Manager or such employees or contractors of the City as
designated.
(c) Qualification for any payment under these rules is determined beginning on the
date of Initiation of Negotiations as defined in these rules.
(d) Costs within the purview of these rules shall not be considered elements of market
value or damage and shall not be recoverable in any eminent domain proceeding
or other claim or litigation instituted by or against the City.3
(e) If a Person moves or discontinues the Person's Business, moves Personal
property, or moves from the Person's Dwelling as a direct result of code
enforcement, rehabilitation, or a demolition program, the Person is considered to
be displaced because of the acquisition of real property.4
(f) Consistent with state and federal law, payments under these rules are not subject
to judicial review and may not exceed the limits established by Texas Property
Code Section 21.046(d).5
'42 U.S.C. §§ 4601-4655 (2010); 49 C.F.R. §§ 24.1-24.603 (2011).
'Tex. S. B. 18, 82nd Leg., R.S. (2011);TEX.PROP.CODE ANN. §§ 21.001-21.065 (West 2004 &
Supp. 2011).
' Will-Tex Plastics Mfg., Inc. v. Dep't of Hous. & Urban Dev., 346 F. Supp. 654 (E.D. Pa. 1972);
Rubin v. Dep't of Hous. & Urban Dev., 347 F. Supp. 555 (E.D. Pa. 1972);Martinez v. Dept of
Hous. & Urban Dev., 347 F. Supp. 903 (E.D. Pa. 1972); 42 U.S.C. § 4602(a) (2010).
4 TEX.PROP.CODE ANN. § 21.046(e) (West 2004 & Supp. 2011).
'42 U.S.C. § 4602 (2010).
2 Last Revised on 4/7/15
Section III. Applicable Law
When required by law due to federal funding such as Community Development Block Grant
Programs, HOME Investment Partnerships Grant programs, Emergency Solutions Grant
programs or other United States Department of Housing and Urban Development programs or
Texas Department of Transportation designated programs, the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970, as amended, for federal and federally
assisted programs will be followed.b For all other projects requiring the acquisition of real
property for public use, these City of Fort Worth Relocation Assistance Rules will be
followed, which are deemed by the Fort Worth City Council to be compatible with the Federal
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970.
Section IV. Definitions
For the purposes of these rules, the following words and phrases shall be defined as stated below
or as defined by federal law if required:
Aggrieved Party means any Person, Business, Farming or Ranching Operation, or Nonprofit
Organization (that moves from real property or moves personal property from real property as
the result of the acquisition of the real property, in whole or in part, or as the result of a written
notice from the City to vacate the real property needed for a City project) that exercises their
right to appeal a decision made by the City regarding the relocation services provided under
these rules.
Appeal Officer means the City Manager or his designee that presides over appeals of the
relocation services provided in these rules, pursuant to the procedures outlined in Section IX —
Appeals.
Business means any lawful activity, excepting a Farming or Ranching operation, conducted
primarily:
(a) for the purchase, sale, lease and rental of personal or real property, or for the
manufacture, processing, or marketing of products, commodities or any other
personal property;
(b) for the sale of services to the public;
(c) by a Nonprofit Organization; or
(d) for assisting in the purchase, sale, resale, manufacture, processing, or marketing
of products, commodities, personal property, or services by the erection and
maintenance of an outdoor advertising display or displays, whether or not such
display or displays are located on the premises on which any of the above
activities are conducted.
642 U.S.C. §§ 4601-4655 (2010).
'See 42 U.S.C. §§ 4601-4655 (2010); 49 C.F.R. §§ 24.1-24.603 (2011); Tex. Prop. Code §
21.046 (West 2004 & Supp. 2011).
3 Last Revised on 4/7/15
City means the City of Fort Worth, a home-rule municipality in the State of Texas.
City Manager means the city manager of the City or his designee appointed to administer these
rules.
Comparable Replacement Dwelling means a comparable replacement dwelling which is:
(a) decent, safe and sanitary as defined below;
(b) functionally equivalent and substantially the same as the acquired dwelling with
respectto:
(1) area of living space;
(2) type of construction;
(3) age; and
(4) state of repair;
(c) fair housing—open to all persons regardless of race, creed, color, sex, religion,
disability, age, national origin, familial status, sexual orientation, transgender,
gender identity or gender expression and consistent with the requirements of Title
VIII of the Civil Rights Act of 1968 and Section 17-1 of the Fort Worth City
Code;8
(d) located in areas not generally less desirable than the dwelling to be acquired with
regard to:
(1) public utilities; and
(2) public and commercial facilities;
(e) adequate to accommodate the Displaced Person;
(f) in an equal or better neighborhood;
(h) available on the market to the Displaced Person; and
(g) within the financial means of the displaced Family or individual.
Displaced Person(s) means:
(a) Any Person, Business, Farming or Ranching Operation, or Nonprofit
Organization that moves from real property or moves personal property from real
property as the result of the acquisition of the real property, in whole or in part, or
as the result of a written notice from the City to vacate the real property needed
'Fair Housing Act, 42 U.S.C. §§ 3601-3619 (2010).
4 Last Revised on 4/7/15
for a City project. In the case of partial acquisition, the City shall determine if a
Person is displaced as a direct result of the acquisition.
(b) Any Person who moves or discontinues the Person's Business, moves personal
property, or moves from the Person's dwelling as a direct result of code
enforcement, rehabilitation, or a demolition program, the Person is considered to
be displaced because of the acquisition of real property.
Dwelling means any single family house, a single family unit in a multi-family building, a unit of
a condominium or cooperative housing project, a mobile home, or any other residential unit.
Existing Patronage means the annual average dollar volume of business transacted during the
two taxable years immediately preceding the taxable year in which the business is relocated.
Family(ies) means two or more individuals, one of whom is the head of a household, plus all
other individuals regardless of blood or legal ties who live with and are considered a part of the
family unit. Where two or more individuals occupy the same dwelling with no identifiable head
of a household,they shall be treated as one family for replacement housing payment purposes.
Farming Operation means any activity conducted solely or primarily for the production of one
or more agricultural products or commodities, including timber, for sale and home use, and
customarily producing such products or commodities in sufficient quantity to be capable of
contributing materially to the operator's support.
Initiation of Negotiations (for the parcel) means the date the City makes the first written offer to
the Owner(or his designated representative) of the parcel or property to be acquired.
Mortgage means such classes of liens as are commonly given to secure advances on real
property or the unpaid purchase price of real property under the laws of the State of Texas,
together with the credit instruments, if any, secured thereby.
Nonprofit Organization means a corporation engaged in a business, professional or instructional
activity on a nonprofit basis, necessitating fixtures, equipment, stock in trade, or other tangible
property for the carrying on of the business that is incorporated under the applicable laws of a
State as a nonprofit organization, and exempt from paying federal income taxes under section
501 of the Internal Revenue Code.9
Owner means the Person or Persons:
(a) owning, legally or equitably, the fee simple estate, a life estate, a 99-year lease or
other proprietary interest in the property; or
(b) who has succeeded to any of the foregoing interests at the time of Initiation of
Negotiations by devise, bequest, inheritance or operation of law.
9 26 U.S.C. § 501 (2010).
5 Last Revised on 4/7/15
Person(v) means any individual, partnership, corporation or association.
Ranching Operation means any activity conducted solely or primarily for the production of one
or more agricultural products or commodities, including livestock such as herds of cattle, sheep
or horses, for sale and home use, and customarily producing such products or commodities in
sufficient quantity to be capable of contributing materially to the operator's support.
Section V. Standards for Decent, Safe and Sanitary Housing
Decent, safe and sanitary (DS&S) housing is housing that meets all of the following minimum
requirements:
(a) Conforms to local housing codes of the City. Conforms to all applicable
provisions governing existing structures that have been established under City
building, plumbing, electrical, housing and occupancy codes and similar
ordinances or regulations.
(b) Water. Has a continuing and adequate supply of potable safe water.
(c) Kitchen requirements. Has a kitchen or an area set aside for kitchen use which
contains a sink in good working condition and connected to hot and cold water,
and an adequate sewage system. A stove and refrigerator in good operating
condition shall be provided if required by City ordinances or custom. When these
facilities are not so required by codes, ordinances or custom, the kitchen area or
area set aside for such use shall have utility service connections and adequate
space for the installation of such facilities.
(d) Heating requirements. Has adequate gas or electric connections available to
maintain a minimum temperature of 70° in the living area under local climatic
conditions. Bedrooms are not included in the "living area" as referred to in this
paragraph.
(e) Bathroom facilities. Has a bathroom, well lighted and ventilated and affording
privacy to a person within it, containing a lavatory basin and a bathtub or stall
shower, properly connected to an adequate supply of hot and cold running water,
and a flush closet, all in good working order and properly connected to a sewage
disposal system.
(f) Electric system. Has an adequate and safe wiring system for lighting and other
electrical services.
(g) Structurally sound. Housing appears structurally sound, weather tight, in good
repair and adequately maintained.
6 Last Revised on 4/7/15
(h) Egress. Each building used for Dwelling purposes shall have a safe unobstructed
means of egress leading to open space at ground level. Each Dwelling unit in a
multi-Dwelling building must have access either directly or through a common
corridor to a means of egress to open space at ground level. In multi-Dwelling
buildings of three stories or more, the common corridor on each story must have
at least two means of egress.
(i) Habitable floor space. Has 150 square feet of habitable floor space for the first
occupant in a standard living unit and at least 100 square feet (70 square feet for
mobile homes) of habitable floor space for each additional occupant. The floor
space is to be subdivided into sufficient rooms to be adequate for the Family. All
rooms must be adequately ventilated. Habitable floor space is defined as that
space used for sleeping, living, cooking or dining purposes and excludes such
enclosed places as closets, pantries, bath or toilet rooms, service rooms,
connecting corridors, laundries and unfurnished attics, foyers, storage spaces,
cellars, utility rooms and similar spaces.
(j) Rental of sleeping rooms.ooms. The standards for DS&S housing as applied to rental of
sleeping rooms shall include the minimum requirements contained in Subsections
(a), (d), (f), (g) and(h) of this Section as well as the following:
(1) Habitable floor space. At least 100 square feet of habitable floor space for
the first occupant and 50 square feet of habitable floor space for each
additional occupant; and
(2) Bathroom facilities. Lavatory, bath and toilet facilities that provide
privacy including a door that can be locked if such facilities are separate
from the room.
Section VI. Relocation Assistance
(a) Eli ig bility for participation.
(1) Reimbursement requirement. Payment will be made only for the cost of
relocating those Persons in occupancy at the time of Initiation of
Negotiations, and no payment will be made to any subsequent occupants.
Relocation payments to eligible Persons will be made:
(A) When a Displaced Person has removed all personal property from
the acquired property; and
(B) Upon execution of a minimum 1-year lease or purchase contract to
occupy an approved DS&S replacement property.
7 Last Revised on 4/7/15
(2) Interest acquired. The type of interest acquired does not affect the
eligibility of relocation costs for reimbursement provided the interest
acquired is sufficient to cause displacement.
(3) Losses due to negligence. Losses due to negligence of the Displaced
Person, his agent or employees are not eligible for payment or
reimbursement.
(4) Refusal of assistance. A Displaced Person can refuse relocation services
and still be eligible for payments. There is no requirement that he accept
the services if he wants to relocate on his own. However, he must meet
the DS&S requirements and make application within the time limits to
qualify for replacement housing payments.
(5) Ineligible or Loss of Eligibility. An occupant will not be considered
eligible for relocation assistance if properly served a notice of eviction by
the Owner prior to the time a notice of eligibility is given by the City.
(b) Organization requirements for administration of relocation assistance programs.
(1) Organization and procedures. The relocation assistance program shall
provide as a minimum that:
(A) Responsibili , assigned on project basis. Each project as defined
by the City, where relocations will occur, shall have assigned to it
one or more individuals or contractors whose primary
responsibility is to provide relocation assistance; and
(B) Information to be maintained on a project basis. The following
shall be maintained and provided for each project:
i. lists of replacement Dwellings available to persons without
regard to race, creed, color, sex, religion, disability, age,
national origin, familial status, sexual orientation,
transgender, gender identity or gender expression drawn
from various sources, suitable in price, size and condition
for Displaced Persons to the extent they are available;
ii. lists of comparable commercial properties and locations for
displaced businesses; and
iii. current data regarding property costs and security deposits,
closing costs, typical down payments, interest rates and
terms.
8 Last Revised on 4/7/15
(c) Contracting procedures. Where the City Manager elects to have the relocation
services administered by a contractor, the City shall enter into a written contract.
The contract shall be submitted to the city council for approval or rejection in
accordance with the City's standard procedures.
(d) Program information. In order to ensure that the Displaced Person has adequate
knowledge of the relocation program, City staff shall make available a relocation
assistance handbook or brochure outlining relocation guidelines to each Displaced
Person.
(e) Relocation assistance advisory services.
(1) General. The City Manager hereby establishes a relocation assistance
advisory service program in order to provide assistance to Persons
required to relocate. The services shall be provided by personal contact.
If such personal contact cannot be made, the City shall document the file
to show that reasonable efforts were made to achieve the personal contact.
(2) Eli ibg ility. Relocation assistance advisory service shall be offered to all
Displaced Persons.
(3) Advisory services. The City's relocation assistance advisory service shall:
(A) include discussion and explanation of services available, relocation
payments and eligibility requirements, and assistance in
completing any applications required;
(B) provide current information on the availability, prices and rentals
of comparable DS&S sales and rental housing, and of comparable
commercial properties and locations for displaced businesses; and
(C) supply information concerning any federal and state housing
programs offering assistance to Displaced Persons.
The amount of the advisory services and extent shall be administered on a
reasonable basis commensurate with the Displaced Person's needs.
(f) Written notices. The following written notices must be furnished to each
Displaced Person to insure that he is fully informed of the benefits and services
available to him:
(1) Notice at Initiation of Negotiations. At the time of Initiation of
Negotiations for acquisition of the parcel the following applies:
9 Last Revised on 4/7/15
(A) Owner-occupants of 180 days or more. Simultaneous with the fair
market value offer, Owner-occupants of 180 days or more shall be
furnished:
i. a statement which specifies the maximum amount to which
he is entitled for the purchase of a replacement Dwelling;
and
ii. an explanation of the eligibility requirements to receive
payments for replacement housing, increased interest costs,
incidental expenses, and of his option to rent replacement
housing unless such explanations are adequately covered in
the brochure; and
(B) Owner-occupants of 90 days or more, but less than 180 das.
Simultaneous with the fair market value offer, Owner-occupants of
90 days or more, but less than 180 days, shall be furnished:
i. a statement which specifies the maximum down payment to
which he is entitled for the purchase of a replacement
Dwelling; and
ii. an explanation of his option to receive a down payment and
incidental expenses to purchase replacement housing and
the requirement therefore, and of his option to rent
replacement housing unless such explanations are
adequately covered in the brochure; and
(C) Tenants. After Initiation of Negotiations for the parcel, tenants
shall be personally contacted and furnished in writing:
i. the date of Initiation of Negotiations for the parcel; and
ii. a statement which specifies the amount of the rental
replacement payment to which he is entitled.
(2) 90-day notice to vacate.
(A) The 90-day notice may be given on or after the Initiation of
Negotiations for the parcel and shall include a statement that the
Displaced Person will not be required to move from a Dwelling, or
to move his Business, Farming, or Ranching Operation before 90
days from the date of the notice. Such notice shall inform the
Displaced Person that he will be given a 30-day notice specifying
the date by which the property must be vacated. This date may be
extended when conditions warrant, but any extension must be in
10 Last Revised on 4/7/15
writing and must give another specific date by which the property
must be vacated.
(B) The 30-day notice shall not be given until such time as the City has
possession of the property.
(C) A notice is not required if an occupant moves on his own volition
or is served a proper notice of eviction by the landlord prior to the
time the 90-day notice is given. An occupant becomes ineligible to
receive relocation assistance under such circumstances.
(3) Notice of right to appeal. All eligible Displaced Persons shall be
furnished a notice of their right to appeal any decision made by the City
regarding the relocation services provided under these Relocation
Assistance Rules.
Section VII. Moving Expenses
(a) Each Displaced Person shall receive payment for the reasonable expenses of
moving his personal property when:
(1) he is in occupancy at the Initiation of Negotiations for the acquisition of
the real property in whole or in part;
(2) he moves from the real property or moves his personal property from the
real property subsequent to the date established in (1) above; and
(3) the real property is subsequently acquired.
If the move occurs after a written order to vacate is issued the occupant is eligible
even though the property is not acquired.
(b) Displaced Persons shall receive payment for only one move.
(c) Reimbursement or payment of moving expenses shall not be made for a move in
excess of 50 miles. In the event a Displaced Person desires to move a distance in
excess of 50 miles he shall be paid only the reasonable cost of a move up to 50
miles. A Person is not entitled to these relocation costs if they are recoverable
under another law. If a Person is entitled to these costs, the costs cannot exceed
the market value of the property being moved.lo
(d) By signed, written prearrangement between the City, acting through the City
Manager or his designee, and the Displaced Person, the Displaced Person may
present an unpaid moving bill to the City for direct payment.
10 TEX.PROP.CODE ANN. § 21.043 (West 2004 & Supp. 2011).
11 Last Revised on 4/7/15
(e) The City Manager or his designee, acting for the City, may enter into a contract
with independent movers on a schedule basis, as set forth in Section VII(k)(2)(ii)
herein, and furnish the Displaced Person with a list of movers from which he may
choose one to move his property. In such instances, direct payment shall be made
to the mover.
(f) When an actual expense basis, as set forth in Section VII(k)(2) herein, is used and
the City Manager determines that it is necessary for a Displaced Person to store
his personal property for a reasonable period of time not to exceed 6 months, the
cost of such storage may be included as a moving expense. The property shall not
be stored on the property being acquired or on other property owned or controlled
by the Displaced Person.
(g) The cost of insurance premiums covering loss and damage of personal property
while in storage or transit shall be treated as moving expenses to the extent that
the coverage acquired does not exceed the reasonable replacement value of the
personal property. Where insurance is not attainable at a reasonable cost, the
reasonable replacement value of personal property lost, stolen or damaged (not
caused by the fault or negligence of the Displaced Person, his agent or employee)
in the process of moving shall be paid to the Displaced Person upon his assigning
his rights of recovery against any third party who may be responsible to the City.
(h) Removal and reinstallation expenses.
(1) The expenses of removal, reinstallation and reestablishment of machinery,
equipment, appliances and other items that are not personal property are
eligible for reimbursement.
(2) Delivery of payment checks. The person or persons who establish the
moving cost payment shall not deliver the payment to the Displaced
Person.
(i) Claims. In order to obtain a moving expense payment, a Displaced Person must
file a written claim with the City within a reasonable time limit determined by the
City. The moving expense payment should be made only after the move has been
accomplished except as set out above, and after a fully executed release has been
delivered to the City, if required.
(j) Exclusions on moving expenses and losses. The following expenses are
considered ineligible for participation as actual moving expenses:
(1) Additional expenses incurred because of living in a new location;
(2) Cost of moving structures, improvements or other real property in which
the Displaced Person reserved ownership;
12 Last Revised on 4/7/15
(3) Improvements to the replacement site, except when required by law;
(4) Interest on loans to cover moving expenses;
(5) Loss of goodwill;
(6) Loss of business and/or profits;
(7) Loss of trained employees;
(8) Personal injury;
(9) Cost of preparing the application for moving and related expenses; or
(10) Modification of personal property to adapt it to replacement site except
when required by law.
(k) Moving payments to individuals and Families qualifying as a Displaced Person.
(1) General. An individual or Family qualifying as a Displaced Person is
entitled to receive a payment for moving his personal property, himself
and his Family. The Displaced Person has the option of payment on the
basis of actual reasonable moving expenses or a moving expense schedule.
(2) Actual reasonable moving expenses.
(A) Commercial moves.
i. An individual or Family qualifying as a Displaced Person
may be paid the actual, reasonable cost of a move
accomplished by a commercial mover. Such expense will
be supported by receipted bills and is subject to Section
VII(d)herein.
ii. The City Manager may contract with independent movers
on a schedule basis and furnish the Displaced Person with a
list of movers he may choose from to move his property.
In such instances the City would pay the mover.
(B) Self-moves. In the case of a self-move the individual or Family
qualifying as a Displaced Person may be paid his actual moving
costs, supported by receipted bills or other evidence of expenses
incurred but such payment may not exceed the estimated cost of
moving commercially. The estimated cost may be prepared by a
commercial moving company or by a qualified City employee.
13 Last Revised on 4/7/15
(C) Cost of transportation. The costs of transportation of individuals
and Families qualifying as a Displaced Person to the new location
are also eligible. Such costs may be on mileage basis, not to
exceed the rate allowed by City travel policy as published by the
United States General Services Administration for privately owned
vehicles," or reasonable actual fees if commercial transport is used
and may include special services such as the cost of an ambulance
to transport invalid Displaced Persons. The actual reasonable costs
of meals and lodging, when the City Manager determines that such
costs are required because of unforeseen circumstances or practical
necessities of the moving operation, are also eligible.
(3) Moving expense schedule. An individual or Family qualifying as a
Displaced Person is eligible to receive a moving expense allowance based
on the "Fixed Moving Expense" used by the Texas Department of
Transportation 12 that is in effect on the date the individual or Family is
considered a Displaced Person as defined in these rules.
(1) Moving pUments to Businesses.
(1) General.
(A) The Owner of an eligible displaced Business is entitled to receive a
payment for actual reasonable moving and related expenses which
include:
i. actual reasonable expenses in moving his Business or other
personal property; and
ii. actual reasonable expenses in searching for a replacement
Business location.
(2) Actual reasonable moving expenses.
(A) Commercial moves. The Owner of a Business may be paid the
actual reasonable cost of a move accomplished by a commercial
mover. Such expense will be supported by receipted bills.
"U.S. General Services Administration, Privately Owned Vehicle (POV) Mileage
Reimbursement Rates, http://www.gsa.gov/portal/content/100715 (last updated to be effective
Jan. 1, 2015).
12 Texas Department of Transportation, Section 4: Fixed Moving Expense Payments,
http://onlinemanuals.txdot.gov/txdotmanuals/rel/fixed_moving_expense_payments.htm (last
visited March 27, 2015).
14 Last Revised on 4/7/15
(B) Self-moves.
i. In the case of a self-move, the Owner of a displaced
Business may be paid an amount to be negotiated between
the City Manager and the Business not to exceed the lower
of two firm bids obtained by the City from qualified
moving firms; or
ii. If such bids or estimates cannot be obtained, the Owner
may be paid his actual, reasonable moving costs supported
by receipted bills or other evidence of expenses incurred.
(3) Actual reasonable expenses in searching for a replacement Business location. The
Owner of a displaced Business may be reimbursed for the actual reasonable
expenses in searching for a replacement Business location, not to exceed $500.
Such expenses may include transportation expenses, meals, lodging away from
the displaced Business Owner's home and the reasonable value of time actually
spent in search, including the fees of real estate agents or real estate brokers. All
expenses claimed except value of time actually spent in search must be supported
by receipted bills.
(4) Small Business reestablishment expense. A Business with less than 500
employees at the site to be acquired is a small Business. A small Business is
entitled to receive a payment, not to exceed $10,000, for expenses actually
incurred in relocating and reestablishing the small Business. Reestablishment
expenses must be reasonably necessary as determined by the City.
(5) In lieu of actual moving expenses. In lieu of the payments described above, an
Owner of a discontinued or relocated Business is eligible to receive a payment
equal to the average annual net earnings of the Business except that such payment
shall be not more than $20,000,providing the following requirements are met:
(A) City Manager must determine. For the Owner of a Business to be
entitled to this payment,the City Manager must determine that:
i. The Business cannot be relocated without a substantial loss
of its Existing Patronage. A determination of loss of
Existing Patronage shall be made by the City Manager only
after investigation and consideration of all pertinent
circumstances, including but not limited to the following
factors:
(aa) the type of Business conducted by the displaced
concern;
15 Last Revised on 4/7/15
(bb) the nature of the clientele of the displaced concern;
and
(cc) the relative importance of the present and proposed
location to the displaced Business.
ii. The Business is not part of a commercial enterprise having
at least one other establishment which is not being acquired
by the City and which is engaged in the same or similar
Business.
iii. The Business contributes materially to the income of the
displaced Owner. A part-time individual or Family
occupation in the home which does not contribute
materially to the income of the displaced Owner is not
eligible for this payment
(B) Payment determination. The term "average annual net earnings"
means one-half of any net earnings of the Business before federal
income taxes, during the 2 taxable years immediately preceding the
taxable year in which the Business is relocated. "Average annual
net earnings" include any compensation paid by the Business to the
Owner or the Owner's spouse or dependents during the 2-year
period. Such earnings and compensation will be established by
federal income tax returns filed by the Business and its owner and
the Owner's spouse and dependents during the 2-year period. In
the case of a corporate Owner of a Business, earnings shall include
any compensation paid to the spouse or dependents of the Owner
of a majority interest in the corporation. For the purpose of
determining majority ownership, stock held by a husband, wife,
and any dependent children shall be treated as one unit.
(C) In Business less than twos. If the Business affected can show
that it was in Business 12 consecutive months during the 2 taxable
years prior to the taxable year in which it is required to relocate,
had income during such period and is otherwise eligible, the
Owner of a Business is eligible to receive the "in lieu of payment.
Where the Business was in operation for 12 consecutive months or
more but was not in operation during the entire 2 preceding taxable
years, the payment shall be computed by dividing the net earnings
by the number of months the Business was operated and
multiplying by 12. A taxable year is defined as any 12-month
period used by the Business in filing income tax returns.
(D) Owner must provide information. For the Owner of a Business to
be entitled to payment, the Business must provide information to
16 Last Revised on 4/7/15
support its net earnings. Federal tax returns for the tax years in
question will be accepted as evidence of earnings. Any commonly
acceptable method could be accepted such as certified financial
statements or an affidavit from the Owner stating net earnings,
providing it grants the City the right to review the records and
accounts of the Business. The Owner's statement alone will not be
sufficient.
Section VI11. Replacement Housing Payments
(a) General. Individuals and Families are entitled to a replacement housing payment,
subject to the limits set out below, in addition to receipt of the fair market value of
their property if they agree to a prompt voluntary sale of their property to the City
and relocate into DS&S replacement housing, and meet other eligibility
requirements as determined by these rules and law. If a Displaced Person requests
alternate ownership or tenancy status, the City will make a reasonable effort to
accommodate the request. The Displaced Person may relocate to any Dwelling,
but the amount actually paid will be the lesser of the actual cost or actual rent of
the replacement Dwelling or any housing supplement previously approved by the
City.
(b) Replacement housing_payment for Owner-occupant for 180 days or more prior to
the Initiation of Negotiations. As determined by the City, a displaced Owner-
occupant of a Dwelling may receive a payment or payments, the combined total of
which may not exceed $22,500, for the additional cost necessary to purchase
replacement housing, to compensate the Owner for the loss of favorable financing
on the Owner's existing Mortgage in the financing of replacement housing, and to
reimburse the Owner for incidental expenses incident to the purchase of
replacement housing.
(c) Replacement housing payment to Owner-occupant between 90 and 180 days prior
to the Initiation of Negotiations. As determined by the City, a displaced Owner-
occupant otherwise eligible except for having owned and occupied the Dwelling
for less than 180 days but not less than 90 days prior to the Initiation of
Negotiations may receive an amount, not to exceed $5,250, to enable the Owner-
occupant to make a down payment on the purchase of a replacement Dwelling and
reimbursement for actual expenses incident to the purchase to the purchase of
replacement housing.
(d) Rental replacement payment to tenant-occupant for 90 days or more who rents
prior to the Initiation of Negotiations. As determined by the City, a displaced
tenant having occupied the Dwelling for 90 days or more prior to the Initiation of
Negotiations is eligible for a rental replacement payment, not to exceed$5,250.
(e) Housing of last resort. As determined by City, whenever a project cannot proceed
on a timely basis because Comparable Replacement Dwellings are not available
17 Last Revised on 4/7/15
within the monetary limits for Owners or tenants, City may provide additional or
alternative assistance.
Section IX. Appeals
(a) When the Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970, as amended, for federal and federally assisted programs does not
apply to the relocation of Displaced Persons, this section will control the appeal
process.
(b) The City shall review all written appeals after receipt in accordance with
applicable laws, regulations and the following rules. The City shall consider a
written appeal regardless of form. An Aggrieved Party may file an appeal with the
City, by submitting such appeal to the Appeal Officer, in any case in which the
Aggrieved Party believes that the City has failed to:
(1) Properly determine that the Aggrieved Party qualifies, or will
qualify(upon moving), as a Displaced Person who is eligible for
relocation assistance;
(2) Properly determine the amount of any relocation payment. An
Aggrieved Party's acceptance of a payment that is less than the full
amount claimed does not limit the Aggrieved Party's right to
appeal;
(3) Provide appropriate referrals to Comparable Replacement
Dwellings or inspect the replacement Dwelling in a timely manner;
or
(4) Waive the time limit for
(A) the filing of a claim or an appeal; or
(B) purchasing, renting or occupying a replacement Dwelling.
(c) The time limit for an Aggrieved Party to file an appeal is 60 days after the
Aggrieved Party received a written notification of the City's determination on the
Aggrieved Party's claim. On a case-by-case basis, for good cause, the City,
through the Appeal Officer, can extend such time limit.
(d) An Aggrieved Party has a right to be represented by legal counsel or other
representative in connection with his appeal, but solely at the Aggrieved Party's
own expense.
(e) The City shall permit an Aggrieved Party to inspect and copy all materials
pertinent to his appeal. The City may, however, impose reasonable conditions on
18 Last Revised on 4/7/15
the Aggrieved Party's right to inspect, consistent with the Public Information Act
and with applicable laws. An Aggrieved Party does not have to submit a Public
Information Act request to have the right to inspect and copy all materials
pertinent to his appeal, unless the City believes that portions of the materials
pertinent to the Aggrieved Party's appeal may contain information that may be
exempt from disclosure under the Public Information Act, and then the City may
require the Aggrieved Party to submit a request pursuant to the Public Information
Act for only those portions of the materials that may be exempt from disclosure,
and the Aggrieved Party may inspect and copy all other materials pertinent to his
appeal.
(f) The Appeal Officer will be the official to conduct the review of the appeal. The
reviewing official shall not have been directly involved in the action appealed.
(g) In deciding an appeal, the Appeal Officer shall consider all pertinent justification
and other materials submitted by the Aggrieved Party and all other available
information that is needed to ensure a fair and full review of the appeal.
(h) Within 30 days after receipt of all information submitted by an Aggrieved Party in
support of an appeal,the Appeal Officer shall make a written determination on the
appeal, including an explanation of the basis on which the decision was made, and
furnish the Aggrieved Party a copy. If the full relief requested is not granted, the
Appeal Officer shall advise the Aggrieved Party of his or her right to seek judicial
review of the City's determination on the appeal.
(i) In the event that an Aggrieved Party's appeal is granted, and the claim is deemed
payable by the City, it may be necessary to seek the approval of City Council for
any additional funds to be paid to the Aggrieved Party. The City Attorney's Office
should be consulted to determine if City Council approval is necessary.
(j) Nothing in these procedures shall in any way preclude or limit an Aggrieved Party
from seeking judicial review of the Aggrieved Party's appeal on its merits after
the Aggrieved Party exhausts the administrative remedies described herein.
Section X. Modifications to Relocation Assistance Rules
City Council authorizes the City Manager to make minor modifications to the Relocation
Assistance Rules for administration purposes so long as such revisions are not inconsistent with
the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended.
19 Last Revised on 4/7/15