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1995-007RESOLUTION NO. 7.2 - 07 A RESOL"ON ADOPTING RULES RELATING TO THE ADMINISTRATION OF A RELOCATION ASSISTANCE PROGRAM FOR PERSONS D}SPLACED FROM RESIDENCES OR BUSINESSES IN CONNECTION WITH THE ACQUISITION OF REAL PROPERTY BY THE CITY OF SOI THLAIE; AND PROVIDING AND EFFECTIVE DATE WHEREAS, from time to time there is a need for the City of Southlake to acquire, by purchase or condemnation, real property for use by the city for authorized public purposes; and WHEREAS, the city council of the City of Southlake deems it appropriate and equitable in certain cases to provide relocation assistance to individuals or families displaced from residences, businesses, or farming or ranching operations, or displaced nonprofit organizations, in connection with the acquisition of real property by the City of Southlake; and WHEREAS, the city council desires to adopt this resolution setting forth rules relating to the administration of a relocation assistance program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS. SECTION 1. In appropriate cases where deemed equitable by the city council, the city may provide relocation assistance in the form of moving expenses, rental supplements, relocation f:\files\muni\slake\res\relocate (02-15-95) payments, financial assistance to acquire replacement housing, and compensation for expenses incidental to the transfer of property in conjunction with the purchase or condemnation of real property to be utilized for public purposes. Any relocation payments provided pursuant to this resolution shall be in accordance with Chapter 21 of the Texas Property Code, 42 U.S.C. Section 4601 et seq., and any other state or federal statutes or city ordinances which may be applicable. SECTION 2. 1 Whenever the city manager shall determine that an individual, family, business or non-profit organization will be displaced in connection with the acquisition of real property or will otherwise be required to relocate ,the residence, business, or farming or ranching I operation the city manager shall make a recommendation to the city council on whether reasonable relocation assistance should be paid to the displaced property owner or occupant. In authorizing the payment of fair market value for the property being acquired, the city council shall make a determination as to the amount of relocation assistance, if any, to be paid to the property owner or occupant in addition to the fair market value to be paid for the acquisition of the property. In determining whether relocation assistance should be paid, the city council may consider payments for expenses authorized by state law and/or the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 42 U.S.C. Section 4601,et seq.), including but not limited to, the following types of payments: f:\files\muni\slake\res\relocate (02-15-95) 2 a. actual reasonable expenses in moving the individual, his family, business, farm or ranch operation or other personal property; b. actual direct losses of tangible personal property as a result of moving or discontinuing a business or farm operation; C. actual reasonable expenses in searching for a replacement business or farm; d. actual reasonable expenses necessary to reestablish a displaced farm, non- profit organization or small business at its new site; e. utility relocation expenses; L financial assistance to acquire replacement housing; and g. expense and dislocation allowance. SECTION 3. The payment of relocation expenses as a result of programs or projects undertaken with federal financial assistance shall be mandatory as provided in the Federal Uniform Relocation Assistance and Real Property Acquisition Polices Act. In cases of voluntary relocation payments as authorized in this resolution, no payments shall exceed the maximum payments authorized under the Act. SECTION 4. This Resolution shall be effective upon its adoption. f:\files\muni\slake\res\relocate (02-15-95) 3 PASSED AND APPROVED this the 17V day of , 1995. CITY OF SOUTHLAKE, TEXAS By: a.l_ Crary Fickes, Mayor ATTEST %*'; ......rd''" Sandra L. LeGrand City Secretary APPROVED AS TO FORM: r,..) k oggw-- City Attorney E\files\muni\slake\res\relocate (02-15-95) 4