CCDA Resolution No. 10-02 CITY OF TIGARD, OREGON
CITY CENTER DEVELOPMENT AGENCY
RESOLUTION NO. 10-Pa
A RESOLUTION ADOPTING RELOCATION REGULATIONS FOR CITY
CENTER DEVELOPMENT AGENCY PROPERTY ACQUISITIONS
WHEREAS, the City Center Urban Renewal Plan authorizes the City Center Development Agency to
purchase property from willing sellers;and
WHERE-AS, the City Center Urban Renewal Plan also specifies that before the Agency acquai es any
property,it must adopt relocation regulations;and
WHEREAS, the City of Tigard follows Oregon Revised Statutes 35.500—35.530 when it purchases
properties; and
WHEREAS, the City Center Advisory Commission has recommended that the CCDA adopt
relocation regulations that are consistent with ORS 35.500-35.530.
NOW, THEREFORE, BE IT RESOLVED, by the Tigard City Center Development Agency that:
SECTION 1: The City Center Development Agency, as its relocation policy, adopts the
regulations pertaining to the Relocation of Displaced Persons, at
ORS 35.500 —35.530, in its entirety and any subsequent amendments
thereto.
SECTION 2: This resolution is effective immediately upon passage.
PASSED: This day of Ct/'�LQ�
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City Center Development Agency
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Recorder—City of Tigard City Center DdYelopment Agency
CCDA Resolution No. 10DZ
Page 1
Attachment 2
Oregon Revised Statutes
RELOCATION OF DISPLACED PERSONS
35.500 Definitions for ORS 35.500 to 35.530. As used in ORS 35.500 to 35.530:
(1) "Displaced person" means any person who moves, or is required to move the person's
residence and personal property incident thereto, or the person's business or farm operation as a
result of:
(a) Acquisition of the real property, in whole or in part, by a public entity; or
(b) Receipt of a written order by such person from a public entity to vacate the property for
public use.
(2) "Federal Act" means the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (P.L. 91-646, 42 U.S.C. 4601 et seq.) as in effect on January 1, 2003.
(3) "Public entity" includes the state, a county, a city, a consolidated city-county as defined
in ORS 199.705 (1), a district, public authority, public agency and any other political subdivision
or public corporation in the state when acquiring real property or any interest therein for public
use. "Public entity" also includes a private corporation that has the power to exercise the right of
eminent domain.
(4) "Public use" means a use for which real property may be acquired by a public entity as
provided by law.
(5) "Real property" or any interest therein includes tenements and hereditaments, and
includes every interest, freehold and chattel, legal and equitable, present and future, vested and
contingent, in such tenements and hereditaments. [Formerly 281,045]
35.505 Relocation within neighborhood; notice prior to move; costs and allowances. (1)
A public entity undertaking urban renewal or neighborhood development shall make all
reasonable efforts to insure that all displaced persons shall have the option to relocate within
their urban renewal or development neighborhood or area and shall not be displaced, except
temporarily as required by emergency, until appropriate residential units shall become available
to them within their neighborhood or area and within their financial means.
(2) Except as required by emergency, no displaced person shall be required to move from any
real property without first having written notice from the public entity at least 90 days prior to
the date by which the move is required. In no case shall any displaced person be required to
move until the public entity notifies the person in writing of all costs and allowances to which
such person may become entitled under federal, state or local law. [Formerly 281.0551
35.510 Duties of public entities acquiring real property. Whenever any program or project
is undertaken by a public entity which program or project will result in the acquisition of real
property, notwithstanding any other statute, charter, ordinance, or rule or regulation, the public
entity shall:
(1) Provide fair and reasonable relocation payments and assistance to or for displaced
persons as provided under sections 202, 203, 204 and 206 of the Federal Act;
(2) Provide relocation assistance programs offering to displaced persons and others
occupying property immediately adjacent to the real property acquired the services described in
section 205 of the Federal Act on the conditions prescribed therein;
(3) In acquiring the real property, be guided by the land acquisition policies in sections 301
and 302 of the Federal Act;
(4) Pay or reimburse property owners for necessary expenses as specified in sections 303 and
304 of the Federal Act;
(5) Share costs of providing payments and assistance with the federal government in the
manner and to the extent required by sections 211 (a) and (b) of the Federal Act; and
(6) Appoint such officers, enter into such contracts, utilize federal funds for planning and
providing comparable replacement housing and take such other actions as may be necessary to
comply with the conditions and requirements of the Federal Act. [Formerly 281.060]
35.515 Required disclosures for business and farm operations. To be eligible for the
payment authorized by ORS 35.510, a business or farm operation must make its state income tax
returns and its financial statements and accounting records available for audit for confidential use
to determine the payment authorized. [Formerly 281.070]
35.520 Decision on benefits; hearing; review. Any person who applies for relocation
benefits or assistance under ORS 35.5I0 shall receive the public entity's written decision on the
application, which shall include the statement of any amount awarded, the statutory basis for the
award and the statement of any finding of fact that the public entity made in arriving at its
decision. A person aggrieved by the decision shall be entitled to a hearing substantially of the
character required by ORS 183.413 to 183.470, unless federal, state or local law provides
otherwise.Notice required by ORS 183.415 must be served within 180 days of the receipt of the
written decision by the aggrieved party. The decision of the public entity shall be reviewable
pursuant to ORS 183.480. [Formerly 281.085; 2007 c.288 §5]
35.525 Construction. Nothing in ORS 35.510, 35.515 or 35.520 shall be construed as
creating in any condemnation proceedings brought under the power of eminent domain, any
element of value or of damage not in existence immediately prior to May 7, 1971. [Formerly
281.090]
35.530 Federal law controls. If a public entity is receiving federal financial assistance and is
thereby required to comply with applicable federal laws and regulations relating to relocation
assistance, such federal laws and regulations shall control should there be any conflict with ORS
35.500 to 35.530. [Formerly 281.105]