Ordinance No. 15,747ORDINANCE NO. 15,747
AN ORDINANCE OF THE CITY COUTNCIL OF THE CITY OF BAYTOWN, TEXAS,
AMENDING CHAPTER 18 "BUILDINGS AND BUILDING REGULATIONS" OF THE
CODE OF ORDINANCES, BAYTOWN, TEXAS TO ADD ARTICLE XVII,
"RELOCATION ASSISTANCE;" PROVIDING A REPEALING CLAUSE;
CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION
AND EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That Chapter 18, "Buildings and Building Regulations" of the Code of Ordinances,
Baytown, Texas, is hereby amended to add article XVII, "Relocation Assistance;" as follows:
CHAPTER 18. BUILDINGS AND BUILDING REGULATIONS
ARTICLE XVII. RELOCATION ASSISTANCE
Sec. 18-1339. — Purpose. Scope of Chapter
(1) The purpose of this chapter is to provide a relocation assistance program pursuant
to Section 21.046 of the Texas Property Code and the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970, as amended.
(2) The provisions of this chapter shall apply only to City of Baytown projects and
code enforcement, rehabilitation, or demolition programs. The provisions of this
chapter shall be performed by the city manager. All departments involved in land
acquisition and a code enforcement, rehabilitation, or demolition program shall
cooperate to the fullest extent to achieve the purposes of this chapter.
(3) Damages and costs within the purview of this chapter 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 of Baytown.
(4) The city manager 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 of Baytown project.
Sec. 18-1340. - Definitions
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in the Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1970, 42 U.S.C. §§ 4601-.55, as amended, or as defined below:
City manager means the city manager or the city manager's designee.
Code enforcement, rehabilitation, or demolition program means an official order issued
by the fire marshal, building official, or the city's health officer, or their designees, and which,
notwithstanding Section 21.046(e) of the Texas Property Code, as amended, is unrelated to real
property title acquisition.
URA means the Federal Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970, 42 U.S.C. §§ 4601-.55, as amended, and applicable regulations.
Sec. 18-1341. - Code enforcement, rehabilitation, or demolition program.
(1) A person is considered displaced when, as a direct result of a code enforcement,
rehabilitation, or demolition program, the person permanently moves or
discontinues a business, permanently moves personal property, or permanently
moves from a dwelling.
(2) A person who is displaced under this section shall be treated as a displaced person
under the URA.
(3) Whenever, due to a code enforcement, rehabilitation, or demolition program, a
person is required to temporarily vacate or evacuate property, the occupant of the
property may receive temporary housing payments, for a period not to exceed 72
hours, for housing and food expenses based on the U.S. General Services
Administration's per diem standard rate for Texas for the current year, whether or
not they could qualify for permanent relocation benefits under this chapter.
(4) When a person is displaced pursuant to this section, the City may, in accordance
with Section 214.001 of the Texas Local Government Code, as amended, place a
lien on the property, unless it is a homestead protected by the Texas Constitution,
to recover costs incurred by the City in relocating the displaced person.
Sec. 18-1342. - Appeals.
(1) Any person shall have the right to appeal a decision regarding eligibility for
payment, denial of assistance, or the amount of assistance under this article.
Appeal shall be made to the city manager by written request filed with the city
clerk within 15 days after such person has been notified of the decision regarding
eligibility, denial of assistance, or amount of assistance.
(2) No person shall have any right to appeal for relief to any court in regard to any
matter covered by this article until after such person has exhausted the appeal
procedure provided for in this section.
Sec. 18-1343. - Records.
(1) Relocatee records - general. The city manager or his designee shall maintain
relocation records showing:
a. Project and parcel identification.
b. Names and addresses of displaced persons and their complete original and
new addresses and telephone numbers (if available after reasonable effort
to obtain where relocates moved without assistance).
C. Personal contacts made with each relocated person, including for each
relocated person:
i. date of notification of availability of relocation payments and
services;
ii. name of the official offering or providing relocation assistance;
iii. whether the offer of assistance in locating or obtaining
replacement housing was declined or accepted and the name of
the individual accepting or declining the offer;
iv. dates and substance of subsequent follow-up contracts;
V. date on which the relocated person was required to move from the
property acquired for the project;
vi. date on which actual relocation occurred and whether relocation
was accomplished with the assistance of the city, referral to other
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agencies or without assistance. If the latter, an approximate date
for actual relocation is acceptable; and
vii. type of tenure before and after relocation.
d. For displacements from dwelling:
i. number in family;
ii. type of property (single detached, multi -family, etc.);
iii. value, or monthly rent;
iv. number of rooms occupied.
e. For relocated businesses:
i. type of business;
ii. whether continued or terminated;
iii. if relocated, distance moved (estimate acceptable).
f. For relocated farms:
i. whether continued or terminated;
ii. if relocated, distance moved (estimate acceptable).
(2) Moving exl-7ense records. The city manager or his designee shall maintain records
containing the following information regarding moving expense payments:
a. the date the removal of personal property was accomplished;
b. the location from which and to which the personal property was moved;
C. if the personal property was stored temporarily, the location where the
property was stored, the duration of such storage, and justification for the
storage and the storage charges;
d. itemized statement of the costs incurred supported by receipted bills or
other evidence of expense;
e. amount of reimbursement claimed, amount allowed and an explanation of
any differences;
f. data supporting any determination that a business cannot be relocated
without a substantial loss of its existing patronage and that it is not part of
a commercial enterprise having at least one other establishment not being
acquired by the city;
g. when an "in lieu of"payment is made to a business or farm operation, data
showing how the payment was computed; and
h. when moving expense payments are made in accordance with a schedule,
the data called for in c. and d. above need not be maintained. Instead records
showing the basis on which payment was made shall be maintained.
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(3) Replacement housing pgynzent records. The city manager or his designee shall
maintain records containing the following information regarding replacement
housing payments:
The date of the city's receipt of each application for such payments.
b. The date on which each payment was made or the application rejected.
C. Supporting data explaining how the amount of the supplemental payment
to which the applicant is entitled was calculated.
A copy of the closing statement to support the purchase or down payment,
and incidental expenses when replacement housing is purchased.
e. A copy of the Truth in Lending Statement or other data including
computations to support the increased interest payment.
The individual responsible for determining the amount of the replacement
housing payment shall place in the file a signed and dated statement setting
forth:
i. the amount of the replacement housing payment;
ii, that he has no direct or indirect present or contemplated personal
interest in this transaction nor will derive any benefit from the
replacement housing payment.
iii. A statement by the city manager or his designee that in his opinion
the relocated person has been relocated into adequate replacement
housing.
Section 2: All ordinances or parts of ordinances inconsistent with the terms of this ordinance
are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency.
In all other respects, this ordinance shall be cumulative of other ordinances regulating and governing the
subject matter covered by this ordinance.
Section 3: if any provision, section, exception, subsection, paragraph, sentence, clause or
phrase of this ordinance or the application of same to any person or set of circumstances shall for any reason
be held unconstitutional, void, or invalid, such invalidity shall not affect the validity of the remaining
provisions of this ordinance or their application to other persons or sets of circumstances; and to this end,
all provisions of this ordinance are declared to be severable.
Section 4: This ordinance shall take effect immediately from and after its passage by the City
Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of
Baytown, this the 14th day of March, 2024.
BRANDON CAPTTILL�,May�or
ATTEST:
an CJS, jG
ANGEL)JACKSON,
TQ!.,�,
leik
APPROVED AS O FORM
SCOTT L :�OND, City Attorney
RAScott\Ordinances 24-03-14 Relocation Pohcy.docx