§ 2-11. Relocation assistance program.

(a)

The city shall provide relocation advisory services for an individual, a family, a business concern, a farming or ranching operation, or a nonprofit 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. (the "Federal Act"), in connection with the city's acquisition of real property or real property interests. The relocation advisory services to be provided shall be in conformity with the Federal Act.

(b)

The city, as a cost of acquiring real property or real property interests, 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 nonprofit organization is displaced in connection with the acquisition and is entitled to such payments pursuant to state or federal law.

(c)

Expenditures made pursuant to this section may not exceed payments authorized by the Federal Act.

(d)

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 or real property interests. The procedures for an initial review and a final review are as follows:

(1)

Applications for initial review of the determination of relocation entitlements must be filed with the city's department director responsible for the relocation at issue, or his/her designee (the "director") 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 all information and other items supporting the claim of the person or party filing such application (the "information").

(2)

The director 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 director's review on or before thirty (30) calendar days after the filing of the application for initial review, as provided in subsection (d)(1) of this section.

(3)

A person or party who remains dissatisfied after the director's initial review may request that the director's decision be reviewed by the relocation review committee (established herein under subsection (e)) by submitting a written request of same, together with the information and any other relevant facts and materials, to the director on or before twenty (20) calendar days after the director's decision in the initial review process, as provided in subsection (d)(2) of this section.

(4)

The director 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 director's initial review decision.

(5)

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 director, as provided in subsection (d)(3) of this section. The director, 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 section 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 Irving. The final decision shall be promptly provided to the applicant requesting final review.

(e)

There is hereby established a relocation review committee to be comprised of at least three (3) city staff members, to be appointed by the city manager, on a case-by-case basis. To be eligible for appointment to the committee by the city manager, a person may not be (i) below the level of assistant director or the equivalent in a given department that does not have assistant directors; or (ii) directly involved with the specific relocation to which the relocation assistance program at issue applies.

(f)

The city manager is hereby authorized to make all expenditures related to the relocation advisory services, as provided in subsection (a) of this section, and the moving expenses and other financial assistance, as provided in subsection (b) of this section, as finally determined in accordance with the terms of this section.

( Ord. No. 2018-10064, § 1, 6-7-18 )