(a) The
provisions of this section shall apply only to city projects involving “federal
financial assistance,” as hereinafter defined. The provisions
of this section shall be performed by the city manager or such employees
or agents of the city 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 section. This section 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 section shall not be considered
elements of market value or damage, and shall not be recoverable in
any eminent domain proceeding instituted by or against the city.
(c) The
city manager or his designee is hereby directed to comply with all
regulations of any agency of 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 project.
(d) The
city manager or his designee shall adopt a relocation program which
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 expenses, 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 city project.
(e) No
payment or expenditure made by virtue of this section 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
section, means a grant, loan or contribution by the United States,
excepting a federal guarantee or insurance, revenue sharing funding,
and such other federal 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. section 4601.
(1958 Code, sec. 31A-1; Ordinance 75-63, sec. 1, adopted 10/7/75; 1978 Code, sec. 14-60)