HomeMy WebLinkAboutORD 75-63ORDINANCE NO. 9.6- `Q
ENTITLED AN ORDINANCE ADOPTING A NEW CHAPTER
TO THE CODE OF ORDINANCES, ENTITLED CHAPTER
31A; PROVIDING FOR APPLICABILITY TO CITY
PROJECTS INVOLVING FEDERAL FINANCIAL ASSIS-
TANCE;. PROVIDING THAT DAMAGES AND COSTS WITHIN
PURVIEW OF THIS CHAPTER SHALL NOT.BE CONSIDERED
ELEMENTS OF MARKET VALUE OR DAMAGE; PROVIDING
FOR COMPLIANCE WITH REGULATIONS OF .ANY AGENCY
OF THE FEDERAL GOVERN14ENT RELATING.TO ENUMER-
ATED MATTERS;.PROVIDING FOR ADOPTION OF A
RELOCATION PROGRAM.BY THE CITY MANAGER OR
DESIGNEES; PROVIDING THAT PAYMENT SHALL NOT
EXCEED FEDERAL LAW; PROVIDING.A DEFINITION
OF "FEDERAL FINANCIAL ASSISTANCE"; AND PRO-
VIDING FOR SEVERABILITY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
There is hereby ordained and incorporated into the -Code
of Ordinances of the City of Beaumont.a new chapter, identified
as Chapter 31A, to read as follows:
CHAPTER 31A
RELOCATION ASSISTANCE - EMINENT.DOMAIN
Section 31A-1.
Scope of Chapter
(a) The provisions of this Chapter shall apply only to
City of Beaumont projects involving ".federal financial assis-
tance", as hereinafter defined. The provisions of this Chapter
shall be performed by the City Manager of such employees or
agents of the City of Beaumont as he shall from time to time
designate. All departments involved in _land acquisition shall
cooperate to the fullest extent to achieve the purposes of this
Chapter. This Chapter shall not apply.to parcel acquisitions
when such acquisitions are obtained.or to be obtained wholly by
City funds.
(b) Damages and costs within.the purview of this Chapter
shall not be considered elements of market value or damage, and
shall not be recoverable in any eminent domain proceeding insti-
tuted by or against the -City of Beaumont.
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(c). The City.Manager or his.designee is hereby directed
to comply with all regulations of any agencyof the Federal
Government,..relating.to land acquisition,.•.relocation.assistance,
moving expenses and..replacement.housing payments,.when any
such agency.is.rendering financial.assistance'.to.any City of
Beaumont -project.
(d) The City Manager or..his designee shall adopt a
relocation programwhich.shall.include requirements -of decent,
safe and sanitary dwelling,. the.implementation.of_:a relocation
assistance program,. moving expense .provisions.relating_to
relocatees.,:_.fixed .allowance .in. lieu of moving and related ex-
penses, replacement housing payments,provisions for appeals
by relocatees to the City.Manager or,..his designee,. the keeping
of records, and.such other provisions, programs or:policies
as may:be required by.the appropriate federal agency providing
financial.assistance to a Ci.ty,.of Beaumont project.
(e) No payment -or expenditure made.by.virtue.of this
Chapter shall be in excess of those authorized by..or under
the Federal...Uniform Relocation.Assistance.and:Real.:Property
Acquisition.Policies Program.
(f) The phrase."federal.financial assistance", as used
in this Chapter,.means.a grant, .loan or contribution by the
United States,. excepting a .federal guarantee or.'.insurance,
revenue sharing .funding,. and .such.. other. federa-1 funding as may
be exempt,.by law,.from the provisions -of .the -United States
Uniform Relocation Assistance and.Real-.Property.Acquisition
Policies.for Federal.'and.Federally Assisted Programs Act,
42 U.S.C. S 4601.
Section 2.
That if any section,subsection;.sentence,-clause or
phrase of this ordinance, or.the application of same to a
particular set.of persons or circumstances, should -for any
reason be held, -to be invalid, such..invalidity.shall.in no
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wise affect the remaining portions of.this.ordinance,.and to
such end -,the various portions and provisions of .this ordinance
are declared.to be -severable.
PASSED,BY THE CITY COUNCIL of .the City of Beaumont this
the day of . (�c �QJ{, , 1975..
I- Mayor -
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