Loading...
HomeMy WebLinkAbout6853RESOLUTION NO. 6853 A RESOLUTION ADOPTING RELOCATION POLICIES AND PROCEDURES BY REFERENCE WITH RESPECT TO FEDERAL PROJECTS AND FEDERALLY ASSISTED ACQUISTIONS OF REAL PROPERTY WHEREAS, a lack of uniformity presently exists with respect to the City of Pueblo's various relocation plans for federal projects and federally assisted acquisitions of real property, and such plans have not been revised since enactment of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (42 USC §4601 et. seq .); and WHEREAS, through enactment of Article 56 of Title 24, Colorado Revised Statutes, the State of Colorado has adopted relocation assistance and land acquisition policies applicable to federal projects and federally assisted real property acquisitions undertaken by or through state agencies and political subdivi- sions, and has designated the Colorado Department of Highways (Transportation) as the lead agency to administer and coordinate such activities, and WHEREAS, the Colorado Department of Highways (Transportation) has adopted Uniform Relocation Assistance and Real Property Acquisition Regulations published at 2 CCR 601 -13 and which are consistent with and which incorporate by reference, with modifica- tions, federal agency regulations for relocation assistance; and WHEREAS, the City of Pueblo desires to fulfill its responsi- bilities under the Uniform Relocation Assistance and Real Property Acquisition. Policies Act of 1970, as amended (the "Act ") (42 USC §4601 et . s_ ems. by operating in accordance with state laws and regulations which accomplish the purpose and effect of the Act; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1 All previous ordinances and resolutions of the City of Pueblo pertaining to relocation assistance required by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (P.L. 91 -646, 42 USC §4601 et. seq •), here- after referred to as "the Act ", including but not limited to Resolution No. 5934 adopted November 24, 1986, be and hereby are repealed in their entirety; provided, however, that such repeal shall not extend to Resolution No. 6324 nor to any enactment of the City which provides for voluntary City relocation assistance provided under any federally assisted City housing program or programs for voluntary acquisition of substandard housing where all of the following conditions exist: (a) no specific site or property needs to be acquired, (b) the property to be acquired is not part of an intended, planned or designated project area where all or substantially all of the property within the area is to be acquired within specific time limits, (c) the City will not acquire the property in the event negotiations fail to result in an amicable agreement and the owner is so informed in writing, and (d) the City informs the owner of what it believes to be the fair market value of the property. CFrTTnN I With respect only to all federal projects and federally assisted real property acquisitions conducted by or through the City of Pueblo where compliance with the Act is required by law, regulation or condition of grant assistance, the City shall, from and after adoption of this Resolution, follow and operate in accordance with the Colorado Relocation Assistance and Land Acquisition Policies set forth in Section 24 -56 -101 et . seq_ C.R.S. and implementing regulations of the Colorado Department of Highways (Transportation) as set forth in regulations published at 2 CCR 601 -13, a true copy of which shall be maintained in the -2- office of the City Clerk, subject only to the following clarifications and modifications: (a) the terms "state agency" and "political subdivision of the state" shall be taken to mean the City of Pueblo. (b) the term "displacing agency" shall be taken to mean the Department of the City of Pueblo with primary responsibility within the City for the project or for administration of the federal financial assistance. The displacing agency shall act through the Director of the responsible City Department who shall serve as the City Relocation Officer with respect to a project and who will make all determinations on applications for assistance available under the aforesaid state law and regulations. (c) the term "Agency official conducting the review of the appeal" and the phrase "Appeal Officer" shall be synonymous and be taken to mean the City Manager or his designee, provided, however, that such Appeal Officer shall not have been the person serving as the Relocation Officer or as a subordinate to the Relocation Officer nor any person who had been directly involved in any action appealed. (d) the Relocation and Right of Way Manual of the Colorado Department of Highways and administrative forms adopted for use of same to the extent not contained within state statute or the officially adopted regulations, are not hereby adopted as part of the state relocation laws and regulations required to be followed by the City, but such documents shall be considered by the City's Relocation Officer, Appeal Officer and responsible Departments as guidance material in meeting requirements with respect to specific -3- projects. SECTION 3. This Resolution shall be and constitute assurances by the City that it will, acting pursuant to state laws and regulations, comply with the Act, with respect to any applications submitted by the City to federal agencies for federal financial assistance subject to the Act. Upon passage and approval of this Resolution, the Citv, the Colorado Department of Local Affairs, the Governor and the State of Colordao are each hereby authorized to certify that Pueblo shall operate in accordance with state laws and regulations which shall accomplish the purpose and effect of the Act, within the meaning of and as provided by 49 C.F.R. §24.601 et. seq. SECTION 4. This Resolution shall become effective immediately upon final passage and approval and shall be applicable to all applcations for federal financial assistance pending at the date of adoption of this Resolution or submitted thereafter. INTRODUCED: November 25 , 1991 By JOHN CALIFANO Councilperson ATTEST: APPRO D: 4"J "- , A, �e'j - &-ol� Ci Y17 Clerk President of the City Council TF 46.14 -4- Q IM THE POSUC RECORD CORPORATION ALL RIGHTS RESERVED 12CR8, 8 -89 Pape 1 STATE OF COLORADO COLORADO OF HIGHWAYS UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION REGULATIONS I. STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY, AND PURPOSE The Executive Director of the State of Colorado Department of Highways (CDOH) has proposed new regulations for adoption concerning Uniform Relocation Assistance and Real Property Acquisition ( "the regulations ") as provided in Sections 24 -56 -101 through 24 -56 -121, C.R.S.. The specific statutory authority to promulgate these regulations is contained in Section 24 -56 -108, C.R.S. (1989), (Senate Bill 156). The general purpose of these regulations is to implement the statutory authority under Section 24 -56 -101 to 121, C.R.S. (1989) ("the statute "). The statute is based upon the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. Section 4601 -4655) as amended by the Uniform Relocation Act Amendments of 1987, ( "the Uniform Act "), and upon the Department of Transportation final federal rules promulgated thereunder at 54 Federal Register 8928, published March 2, 1989, 49 C.F.R. Part 24, ( "federal rules "). The Uniform. Act and federal rules apply to all federal or federally assisted activities that involve the acquisition of real property or the relocation of displaced persons caused by rehabilitation and demolition activities, including federally assisted public highway programs and projects performed or administered by CDOH or by other state agencies or political subdivisions. The State of Colorado and political subdivisions thereof are required to comply with such federal amendments to remain eligible for federal reimbursement for funds expended for acquisition and relocation expenses. The new regulations are needed to incorporate the amended federal rules. T. The Uniform Act and the federal rules were recently amended to increase benefits to owner and tenant occupants of residential dwellings, small businesses, farms and non - profit organizations, THE CODE OF COLORADO REGULATIONS 2 CCR 601 -13 Page 2 and to eliminate unnecessary administrative requirements imposed on state and local agencies. The statute was amended in 1989 to comply with the above federal changes. The statute consolidated the previous authority of CDOH under part 3 of article 1 of title 43, C.R.S. to provide for relocation assistance, with that of the State Department of Local Affairs ( "Local Affairs ") under the prior version of the statute. As a result, the statute gives CDOH increased authority to provide relocation assistance regarding all highway projects, as well as general rulemaking authority concerning relocation assistance for both highway and non - highway projects. The statute also provides that Local Affairs has authority to administer and implement the Uniform Act, federal rules, and the regulations for relocation assistance for federally assisted non - highway projects. Local Affairs will administer and implement relocation assistance on such projects in accordance with the regulations. The specific purposes of the regulations are to insure that owners of real property to be acquired for federal and federally assisted projects performed by CDOH and other state agencies and political subdivisions are treated fairly and consistently, to encourage and expedite acquisition by agreements with such owners, to minimize litigation and relieve congestion in the courts, to promote public confidence in state, federal, and federally assisted land acquisition programs, and to ensure that persons displaced as a direct result of federal and federally assisted projects are treated fairly, consistently, and equitably so that such persons will not suffer disproportionate injuries as a result of projects designed for the benefits of the public as a whole. CDOH chose to incorporate and adopt the federal rules because they adequately and completely provide for and describe the relocation assistance procedure that is necessary to be implemented by the state and all public entities within the state on federally assisted projects in order to be eligible for federal funds. The regulations need to remain consistent with the federal rules to ensure eligibility for federal funds and therefore do not change or expand the criteria of the federal rules. However the regulations do adopt certain exceptions to and clarifications of the federal rules to be consistent with state law and policy. The regulations may also provide such y� 2� I 2 CCR 601 -13 THE CODE OF COLORADO REGULATIONS © 1989 THE PUBLIC RECORD CORPORATION ALL RIGHTS RESERVED 12CR8, 8 -89 Page 3 other regulations as CDOH determines are necessary and consistent with the authority under Sections 24 -56 -101 to 121, C.R.S.. The regulations require all state agencies and political subdivisions engaged in acquisition and relocation for such projects to follow the rules and procedures set forth herein so that every person displaced because of federally aided state or federal programs or projects will be offered a comparable decent, safe, and sanitary dwelling and other eligible expense payments. These regulations w i l l be carried out uniformly for all persons 'regardless of race, color, religion, sex, or national origin. .This is in addition to the requirements that replacement housing =must be fair housing open to all persons, and offered to all affected persons regardless of race, color, religion, sex, or national origin. �1 The regulations incorporate and adopt the federal rules, with certain clarifications and exceptions described in the regulations. The reasons'and bases for the clarifications and exceptions include: a. Section 24.2(L). The statute and the regulations designate CDOH as the "lead agency" responsible for coordinating and supervising acquisition and relocations by all state agencies on all such federally funded public highway projects, and Local Affairs as "lead agency" for all non - highway federally assisted programs and projects, as provided in Section 24 -56- 108(1) and (2). This is in lieu of the Department of Transportation as "lead agency ". As the state agency responsible to the Federal Highway Administration for monitoring and administering the use of federal highway funds by any public entity within the state, CDOH must have the authority as the "lead agency" for highway projects to assure that the performance of federally funded relocation assistance highway projects is consistent regulations in order to remain CDOH is also responsible for both highway and non - highway activities. As "lead agency" Local Affairs is responsible to by other state agencies on with the Uniform Act and the eligible for federal funds. promulgating regulations for acquisition and relocation for non - highway activities, federal funding agencies for THE CODE OF COLORADO REGULATIONS 2 CCR 601 -13 Papa 4 compliance with the Uniform Act and the regulations on non- highway projects in which federal funds are administered by Local Affairs. In those cases in which federal agencies contract directly with other agencies for non - highway projects, Local Affairs will provide technical assistance to such agencies upon request. b. Section 24.307. This section is optional under the federal rules. Payment for such costs is already provided under other state and federal laws. Therefore, this section is unnecessary. C. Section 24.502. Mobile Homes are considered to be real property in Colorado, and are appraised and acquired as real property. Therefore, payment for the cost of moving the mobile home as if it were personal property will not be allowed. Contrary to that provided in Section 24.502 of the federal rules, relocation funds will not be available under the regulations for the cost of moving the mobile home to a different location. Subject to the above exception, the owners and tenant occupants of mobile homes in Colorado are entitled to the moving and related expenses of Section 24.542. d. Sections 24.601- 24.603. Certification is in lieu of the State Agency submitting assurances that the State Agency will comply with the Relocation Act. CDOH has submitted such assurances and they have been accepted and approved by FHWA. Therefore, this.section is not applicable. Pursuant to Sections 24 -4 -103, 43 -1 -104, and 43 -1 -106, C.R.S. (1988), the Executive Director and the Chief Engineer of CDOH authorized an administrative law judge to conduct a rulemaking proceeding to consider adoption of the proposed _regulations. CDOH published the required Section 24- 4- 103(3)(a), C.R.S. (1988) notice and invited public comment and participation concerning the proposed regulations. The proposed regulations, the federal rules, the Regulatory Analysis, and this Proposed Statement of Basis, Specific Statutory Authority, and Purpose were made available to the public at least five (5) days prior to the hearing as required by Section 24 -4- 103(4), C.R.S. (1988). On July 18, 1989, CDOH conducted a public hearing, concerning the proposed rules before an administrative law judge and received submissions, testimony, and evidence from CDOH and other interested parties. p TY 2 CCR 601 -13 THE CODE OF COLORADO REGULATIONS © 1989 THE PUBLIC RECORD CORPORATION ALL RIGHTS RESERVED 12CR8, 8 -89 papa 5 CDOH states that each of the five standards required by Section 24- 4- 103(4)(b), C.R.S. (1988) has been met. The record of this proceeding demonstrates the need for and the benefit to be derived from adopting the new regulations and demonstrates that the regulations need to be conformed with the federal rules and existing Colorado statutes. The record also indicates that the proper statutory authority for the proposed regulations exists in Section 24 -56 -108, C.R.S. (1989). To the extent practicable, the regulations are clearly and simply stated. The regulations do not conflict with other provisions of law and there is no duplication or overlapping of the information contained in.the proposed regulations. The decision by CDOH to conduct rulemaking to adopt the regulations was required by the federal rules concerning relocation assistance, and was also prompted by the need of CDOH to clarify and streamline existing procedures. The regulations will result in economic and other benefits and impacts, which are described in the regulatory analysis prepared pursuant to Section 24 -4- 103(4.5), C.R.S. (1988) and made part of the rulemaking record. II REGULATIONS The regulations hereby adopt and incorporate by this reference, and shall be in accordance with, all provisions of the federal rules published in 54 Federal Register 8928, (March 2, 1989), 49 C.F.R. Part 24, with the following clarifications and exceptions: 1. Section 24.2(L) - LEAD AGENCY - The term "lead agency" is amended to delete "the Department of Transportation acting through the Federal Highway Administration ", and to substitute the following language: "State Department of Local Affairs ( "Local Affairs") is the lead agency for all federally assisted non - highway programs and projects, and the State of Colorado Department of Highways (CDOH) is the lead agency for all federally assisted highway and highway related programs and projects ". As such lead agency, Local Affairs is responsible to federal funding agencies for compliance with the Uniform Act in those cases in which the federal funds are administered by Local Affairs. In those cases in which federal agencies E 001, T. THE CODE OF COLORADO REGULATIONS 2 CCR 601 -13 Page 6 contract directly with other agencies for non - highway projects, Local Affairs will provide technical assistance to such agencies upon request. CDOH is responsible to the Federal Highway Administration for monitoring and administering the. use of all federal highway funds by all public entities within the state to assure compliance with all relocation assistance requirements and the continued eligibility of the state for federal highway assistance funds. As such lead agency, CDOH will implement, administer and coordinate all relocation assistance for highway programs and projects as provided in the regulations and the statute. Where CDOH determines that the performance of relocation assistance by a public entity for a highway project is not in compliance with requirements or will jeopardize federal funds, then CDOH may perform that relocation assistance itself or may supervise and direct the performance after complying with the procedure described in the existing agreement for relocation assistance between CDOH and the public entity. 2. Section 24 -302 - FIXED PAYMENT FOR MOVING EXPENSES - RESIDENTIAL MOVES - The payment schedule applicable to all state agencies and political subdivisions of the State of Colorado for moving and related expenses is specifically described on line 6 of page 895.2 of the federal rules, as follows: RESIDENTIAL MOVING EXPENSE & DISLOCATION ALLOWANCE PAYMENT SCHEDULE FOR COLORADO NUMBER OF ROOMS EACH ADD'L 1 2 3 4 5 6 7 8 ROOM UNFURNISHED UNIT (RELOCATEE OWNS FURNITURE) FURNISHED UNIT (RELOCATEE DOES NOT OWN FURNITURE $250 ($400 J$550 J$650 J$750 J$850 J$950 J$1,050 J$1001 First room $225, each additional room $35, maximum. E S161 , 2 CCR 601 -13 THE CODE OF COLORADO REGULATIONS Q 1989 THE PUBLIC RECORD CORPORATION ALL RIGHTS RESERVED 12CR8, 8 -89 Paps 7 3. Section 24.307 - DISCRETIONARY UTILITY RELOCATION PAYMENTS - This section is .excluded from the regulations. 4. Section 24.502 - MOVING AND RELATED EXPENSES - MOBILE HOMES. This section is amended solely to indicate that a displaced owner- occupant of a mobile home shall not be entitled to a payment for the cost of moving the mobile home. The rest of Section 24.502 remains applicable. 5. Sections 24.601- 24.603 - CERTIFICATION - These sections are excluded from the regulations. The regulations do not include later amendments to or editions of the federal rules. The regulations and the federal rules are presently available on file for public inspection during the regular business hours of the State Department of Highways, Staff Right of Way Branch, Relocation Section, Room 297, 4201 East Arkansas Avenue, Denver, Colorado 80222. A certified copy of. the regulations and of the federal rules may be obtained or examined by contacting the Supervising Relocation Evaluator, State Department of Highways, 4201 East Arkansas Avenue, Denver, Colorado 80222. .. S THE CODE OF COLORADO REGULATIONS 2 CCR 601 -13 s � ' AMERICAN ASSOCIATION OF STATE HIGHWAY AND TRANSPORTATION OFFICIALS JAMES P. PITZ, President !a` FRANCIS B. FRANCOIS Director Executive Director Michigan Department of Transportation a � P1 A' ' \�• 5 4'0 - RW -89 -2 Q o 5. nom, June 20, 1989 r 1S � ,'� �1 To the Members of the Highway �� '� Cu Subcommittee on Right -of -Way � <<OG6S Dear Members: Technical Corrections on Uniform Relocat Assistance Issued The Federal Highway Administration has issued technical corrections on a final rule on uniform relocation assistance and real property acquisition which appeared on Pages 8912 through 8950 in the March 2, 1989 Federal Register The technical corrections, which were necessary to correct certain references and misspellings, appear in the June 9, 1989 issue of the Federal Register copy attached. For further information, contact F. D. Luckow, Chief Program Requirements Division, Office of Right -of -Way, HRW -10, (202) 366 -0116, or S. Reid Alsop, Office of the Chief Counsel, HCC -40, (202) 366 -1371, Federal Highway Administration, 400 Seventh Street, S.W., Washington, D.C. 20590. (June 9, 1989, Federal Register Page 24711 & 24712). Sincerely, David H. Clawson Program Director DHC:djt Attachments EXECUTIVE OFFICE: 444 N. Capitol St., NW, Suite 225, Washington D.C. 20001 Telephone (202) 624 -5800 Telefax (202) 624 -5806 Telex 4900009580 HTO JUNE 9, 1989 FEDERAL REGISTER PGS. 24711 & 24712. DEPARTMENT OF TRANSPORTATION Federal Highway Administration 19 CFR Part 24 r�> (FHWA Docket No. 87 -22 RIN 2125 -AS 85 UniforrrrRelocation Assistance and Real Property Acquisition Regulations for Federal and Federally Assisted = Programs; Technical Corrections Aat:Ncy. Federal Highway Administration (FHWA), DOT. ACTION: Final rule: technical corrections. SUMMARY This document contains technical corrections to the final rule on uniform relocation assistance and real property acquisition that appeared at ' pages 8912 through 8950 in the Federal Register of March Z, 1989 (54 FR MM.' FR Doc. 89 -4543. These technical - - ju corrections are necessary to correct certain references and misspelled words of the final rule text. EFFECTIVE DATE: June 9. 1989. FOR FURTHER INFORMATION CONTACT: Mr. F.D. Luckow, Chief Program Requirements Division, Office of Right - of -Way, HRW -10, (202) 366-0118: or Mr. S. Reid Alsop; Office of the Chief "ounsel, HCC -40, (202) 366 -1371, . Ideral Highway Administration. 400 7th Street. SW., Washington. DC 20590. In FR Doc. 89.4543, in the issue of Thursday. March 2,1989, on pages 8912 through 3950, in the preamble and text of 49 CFR Part 24, the following corrections are as set forth below. 1. In the preamble on page 8914 under the subheading "Section 24.2 Definitions" in the first paragraph correct the reference "(§ 24.2)" to read "(I 24.2(1)) ". Z In the preamble on page 8920, under the subheading "Section 24.105 Acquisition of Tenant -owned Improvements," correct the reference "24.2(q)" to read as "24.2(s)" each time it appears. j 24.1 (corrected] 3. In $ 24.1(b), correct the word' "personal" to read as "persons." 1 24.2 (Corrected) 4. In 24.2, amend paragraph (a)(1) by correcting the words "as defined in paragraph (a)(2)" to read "as defined in paragraph (a)(4)" and amend paragraph (g)(2)(1) by correcting the reference "§ 24.403(e)" to read as "I 24.403(d)." j 24.101 (Corrected) 5. In j 24.101, amend paragraph (a)(2) by capitalizing the word "Agency" the first time that it appears in the sentence. ¢ 24.105 [Corrected] 6. In 1 24.105, paragraphs (c) and (d)(2) are corrected by removing the capital letter'from the word "property" and using the lower case. 1 24.601 [Corrected) 7. In 1 24.801, amend the word "Agency" by removing the capitalization and having it read as "agency ". § 24.603 (Corrected] 8. In 4 24.60 amend the word "Agency's" in the first sentence by removing the capitalization and having it read as "agency's ". Apperidlx A (Corrected] 9. Appendix A to Part 24 is amended by correcting the acronym "HU" to read as "HUD" in the fifth paragraph under the subheading "Section 24.2(d)(2) Definitions" on page 8948 of the Federal Register, by correcting the words "fund raising" to read as one word "fundraising" in the paragraph under the subheading "Section 24.306(d) Nonprofit organizations'; by correcting the words "3 points on $42.010.50" to read "3 points on $42.010.18" in the fourth paragraph under the subheading "Section 24.401(d) Increased mortgage interest costs'; and by correcting the words "by $42,010.18 = .83" to read "by $42.010.18 = .8331;" in the fifth paragraph under the subheading "Section 24.401(d) Increased mortgage interest costs ". Appendix 8 [Corrected] 10. Appendix B to Part 24 is amended by correcting the words "Fiscal Year" to read "fiscal year" in the second paragraph "Report period" under the subheading "General" and by correcting the reference "section 20: (a)" to read as "section 208(a)" each time it appears in the fourth paragraph "Linea 12 A and B" under the subheading "Part B. Relocation payments and expenses." This document is issued under the authority of 23 U.S.C. 315 and 49 CFR 1.48. Issued on: June 1. 1989. R.D. Morgan, Executive Director. (FR Doc. 89- 131341 Filed 6.8 -89: 8:45 am) sruiwo Coo¢ 4910-22-M