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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� 7 T au Z City of Tigan City Center Development Agency A I PEST: - LLQ 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]