2012-073s:llegallour documentslordinances112\ordinance-relocation.doc
ORDINANCE NO. 2012-073
AN ORDINANCE ESTABLISHING A PROGRAM TO PROVIDE RELOCATION
ADVISORY SERVICES AND RELOCATION FINANCIAL ASSISTANCE TO ELIGIBLE
PERSONS OR PARTIES AFFECTED BY CITY OF DENTON REAL PROPERTY INTEREST
ACQUISITIONS RELATED TO STREET, ROADWAY, UTILITY AND/OR OTHER PUBLIC
WORKS CONSTRUCTION, IMPROVEMENT OR EXPANSION PROJECTS (A
"PROJECT"); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION l. The City of Denton shall provide relocation advisory services for an
individual, a family, a business concern, a farming or ranching operation, or a non-profit
organization entitled to such services, as prescribed by the Federal Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C.A. 4601, et seq., and
regulations promulgated pursuant thereto (49 CFR §§24.1-24.603), as each may be amended
from time to time (the "Federal Act"), in connection with the City's acquisitions of real property
interests related to a Project. The relocation advisory services to be provided shall be in
conformity with the Federal Act.
SECTION 2. The City, as a cost of acquiring real property interests related to a Project,
shall pay moving expenses and rental supplements, make relocation payments, provide financial
assistance to acquire replacement housing and compensate for expenses incidental to the transfer
of the property, in the amounts as prescribed by the Federal Act, if an individual, a family, the
personal property of a business, a farming or ranch operation, or a non-profit organization is
displaced in connection with the acquisition and is entitled to such payments pursuant to the
Federal Act.
SECTION 3. Expenditures made pursuant to this ordinance may not exceed payments
authorized by the Federal Act.
SECTION 4. A person or party who is dissatisfied with the determination of eligibility
or computation of relocation payments and/or the provision of relocation support services has a
right to a review of such determination regarding relocation assistance benefits. All persons or
parties determined to be eligible or ineligible for relocation assistance benefits shall receive a
written notice informing them of this right of review and the procedures to follow in requesting a
review, in connection with the City's acquisitions of real property interests related to a Project.
The procedures for an Initial Review and a Final Review (herein so called) are as follows:
A. Applications for Initial Review of the determination of relocation entitlements
must be filed with the City's project manager responsible for the construction of the Project at
issue, or his/her designee (the "Manager") on or before sixty (60) calendar days after the person
or party receives notice of the determination of relocation entitlements or ineligibility for such
entitlements. The application for Initial Review shall include a11 information and other items
supporting the claim of the person or party filing such application (the "Information").
B. The Manager will promptly and carefully review the facts in an attempt to resolve
the matter. The person or party making application for Initial Review will be notified in writing
of the results of the Manager's review on or before thirty (30) calendar days after the filing of the
application for Initial Review, as provided in Section 4.A. of this ordinance.
C. A person or party who remains dissatisfied after the Manager's Initial Review
may request that the Manager's decision be reviewed by the Relocation Review Committee
(established herein under Section 5) by submitting a written request of same, together with the
Information and any other relevant facts and materials, to the Manager on or before twenty (20)
calendar days after the Manager's decision in the Initial Review process, as provided in Section
4.B. of this ordinance.
D. The Manager shall promptly forward to the Relocation Review Committee the (i)
timely filed applicant's request for Final Review; (ii) the Information and other relevant facts and
materials submitted by the applicant for review; and (iii) the Manager's Initial Review decision.
E. The Relocation Review Committee shall give each applicant for review a full
opportunity to be heard, at a meeting to occur not less than ten (10) calendar days or later than
sixty (60) calendar days after the submission of the request for review to the Manager, as
provided in Section 4.C. of this ordinance. The Manager, through legal counsel or otherwise,
shall be entitled to participate in the meeting process and to present witnesses and other
information to the Relocation Review Committee. The Relocation Review Committee shall
carefully review all facts and information presented, and render a final decision (the "Final
Decision") in conformity with the terms of this ordinance on or before twenty (20) calendar days
after the conclusion of the meeting prescribed herein. The decision of the Relocation Review
Committee shall be the final determination of the City of Denton and shall be supported by the
necessary rationale. The Final Decision shall be promptly provided to the applicant requesting
Final Review.
SECTION 5. There is hereby established a Relocation Review Committee (herein so
called) to be comprised of at least three (3) members, to be appointed by the Assistant City
Manager/Utilities & Operations, on a case by case basis. To be eligible for appointment to the
Committee by the Assistant City Manager/Utilities & Operations, a person may not be (i) below
the level of Assistant Director; and (ii) directly involved with the specific Project to which the
Relocation Assistance Program at issue applies.
SECTION 6. The City Manager is hereby authorized to make all expenditures related to
the relocation advisory services, as provided in Section 1 of this ordinance, and the moving
expenses and other financial assistance, as provided in Section 2 of this ordinance, as finally
determined in accordance with the terms of this ordinance.
SECTION 7. This ordinance shall become effective immediately upon its passage and
approval.
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PASSED AND APPROVED this the %'r ' day of , 2012.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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BY:
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APPR VED A TO LEGAL FORM
ANITA BURGESS, CITY ATTORNEY
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BY: � C—� -
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