HomeMy WebLinkAboutResolution - 081271D - Contract - Relocation Consultants - Canyon Lakes Project - 08_12_1971� KJ:EW
OSIZ7/D
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a CONTRACT between
the City of Lubbock and Relocation Consultants for relocation activities for Canyon
Lakes Project attached herewith which shall be spread upon the minutes of the
Council and as spread upon the minutes of this Council shall constitute and be a
part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 12th day a
ATTEST:
Lilll _ '
Lavdnia Lowe, My Secretary -Treasurer
APPROVED AS
TO FORM:
d O. Sentet, Jr.,
REL0CA. T 10N CONSULT N. S
W.T. Yarbrough, Pres.
Homer R.. Akins
July 28, 1971
Mr. Jim Bertram
City Planning Department
Lubbock, Texas
Dear Sir:
We are pleased to submit for your consideration a proposal to
represent the City, of Lubbock in relocation activities for
the Canyon Lakes Project. As you know, the acquisition phase
is the key to relocation activities. The relocation phase
can be completed prior to July 1, 1972, provided the City of
Lubbock agrees to the following considerations:
(1) Top priority should be given to the acquisition of
_ parcels in the Canyon Lakes.Project;
(2) Acquisition should be complete on non-residential par -
eels prior to February 1, 1972;
(3) Acquisition should be complete on residential parcels
prior to March 1, 1972;
(4) Eviction should be employed if the occupant fails to
cooperate in relocation;
(5) Required legal services for eviction should be em-
ployed;
(6) The power of eminent domain must be used if necessary.
The following is the breakdown by case of the cost items in-
volved:
Preparation of Relocation Plan $ 15,000
Socio-Economic Surveys:
15 @ $30.00
36 @ $60.00 $ 2,610
Residential Relocations:
2 15__V$1,300 $ 18,000
` Non-residential.Relocations:
36 @.$2,200-______ $. 79,200
Title and legal services, if
required, at the rate of $60 per hr.
TOTAL $114,810
�" The services included in the above fees are as follows:
"j (1) coordination with acquisition activities for Canyon
Lakes Project;
(2) obtaining necessary dousing and Urban Development and
Department of Interior approval;
817-268-2142 • 6647 Grapevine Hwy. Fort Worth, Texas 76778
Mr. Jim Bertram Page 2. July 28, 1971
(3) furnishing necessary personnel to relocate 15 fami-
lies and 36 businesses;
(9) furnishing relocation office for consultation with
site occupants;
(5) developing and furnishing necessary forms as required
by the appropriate governmental agency.
The foregoing estimates of costs involved do not include the
actual relocation payments which will be made by the City of
Lubbock, nor do they include the furnishing of title and
legal services.
Specific guidelines for the Uniform Relocation Act of 1970
will not be available until September 1971, so the Federal
participation in consultants' cost is not known at this time.
We are looking forward to working with you on this project.
�J
Respectfully submitted,
:��R. Akins, SRA
HRA:jh
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September 15, 1971
First Group appraisals complete
October
1, 1971
Review appraisals and recommend upset price
October
7, 1971
Approval by city council
October
15, 1971
Second group appraisals complete
November
1, 1971 •
Review appraisals and recommend upset price
November
4, 1971•
Approval by city council
October
8, 1971
Begin negotiations on Group 1
November
5, 1971
Begin negotiations on Group 11
January
1, 1971
Recommend condemnation on all remaining parcels
January
6, 1971
Council approve condemnation
October
8, 1971
Begin relocation
October,
1971
Give 90 day notice on first group acquired
Follow-up second group 90 day notice
Give 90 day notice as, deposit is made'
April 1,
1972
Recommend eviction on all occupied commercial -properties
April 6,
1972
Approval of eviction by city council
April-1,
1972
Recommend eviction on all occupied residential propertles
April 6,
1972 .
Approval of eviction by city council
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RELOCATION CCNSULTANTS
W.T._ Yarbrough, Pres.
Romer R. Akins
July 28, 1971
Mr. Jim Bertram
City Planning Department
.Lubbock, Texas .
Dear Sir:
We are pleased to submit for your consideration a proposal
to represent the City of Lubbock in the negotiation for pur-
chase of the sites in the Canyon Lakes Project. This pro-
posal is based upon the following conditions:
(1) The acquisition of parcels must be undertaken as
soon as possible after receipt of the appraisal
report and the concurrence of the value by the City.
(2) Acquisition should be completed on non-residential
parcels prior to February 1, 1972.
(3) Acquisition should be completed on residential par-
cels prior to March 1, 1972.
(4) Eminent Domain proceedings must be employed if the
acquisition cannot be completed.'
(5) The services to be performed under this contract are
set forth in the "Scope of Services" submitted with
this proposal.
The proposal is submitted in two parts. Part One would con-
sider the services to be performed without the performance
of additional work under separate contract. Part Two consid-
ers the performance of the services with the work program to
be accomplished at the same time as another contract for
relocation services.
The fee proposals are as follows:
Part One -- Independent Contract
Preparation of forms and procedures $ 21000.
Residential negotiations:
15 @ $750 = $11,250.
e Non-residential negotiations:
36 @ $1,200 = $43,200.
- Total - - $56,450.
877-268-2742 6647 Grapevine Hwy. Fort Worth, Texas 76778
Mr. Jim Bertram Page 2 July 28, 1971
Part Two -- Concurrent Contract
? Preparation of forms and procedures $ 2,000.^(-
` Residential negotiations:
15 @ $500 = $ 7,500.
_�on-residential negotiations:
36 @.$850 = $30,600.
Total $40,100.
The services included in the above fees are as follows:
(1) develop and furnish all forms;
(2) review appraisals for errors and for requirements
for BOR;
(3) recommend upset price;
(4) furnish data on each parcel sales for five years;
(5) prepare summary of appraisal for real and personal
property;
(6) assign parcel to negotiation;
(7) review relocation resources for each parcel;
(8) begin negotiation;
(9) preparation of option to purchase;
(10) deliver to city attorney for closing;
(11) in event negotiation is unacceptable after three con -
tarts, documentation and recommendation to city coun-
cil for condemnation;
(12) receipt of closing statement and preparation of reim-
bursable and non -reimbursable items.
The foregoing estimates of costs involved do not include the
actual purchase estimates which will be made by the City of
Lubbock, nor'do they include the furnishing of title.and
legal services.
We are looking forward to working with you on this project.
Respectfully submitted,
Homer R. Akins, SRA
HRA:jh
�000
7-1
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SCOPE OF SERVICES
RESPONSIBILITY TO PROPERTY OWNERS AND TENANTS
In acquiring real estate, the consultants shall protect
impartially the interests of all concerned, pay fair prices to
owners, and utilize available acquisition methods, and practices,
to minimize hardship to owners and tenants.
POLICY ON NEGOTIATIONS
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The negotiations of the consultants with a property owner
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for the acquisition of real property or any interest therein,
except property of a kind specifically exempted below, shall be
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on the basis of offering the owner initially the full amount of
the acquisition price determined by the consultants and concurred
in by the city to represent fair compensation for the property
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to be acquired. Negotiations exempted from the foregoing initial -
offer policy must also be conducted fairly and impartially.
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Properties Covered by the Policy
The policy and requirements apply to the consultants'
negotiations with owners for the acquisition of all properties,
except:
(1) Property proposed for purchase from an owner who is
under no compulsion to sell, i.e., where the city is
not committed or required to acquire the property and
will buy the property only if it can do so at an ac-
ceptable price and on an acceptable basis without re-
sorting to a trial of the issue of value or compensa-
tionin an eminent domain proceeding.
(2)
Property owned by the Federal government, a State or
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local government, or an instrumentality thereof.
(3)
Property donated to the project.
(4)
Property of an owner who voluntarily and knowingly
offers to sell his property to the project for less
than its fair market value and executes a statement
to that effect.
(5)
Any property for which the HUD concurred -in acquisi-
tion price is more than $100,000.
(6)
Any specifically identified property or interest in
..
real property, regardless of its value, of such an
unusual character that the city finds that the fair
compensation for the property should be determined,
by negotiating the basis of compensation and the
)
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amount thereof without first making a firm initial
offer to the owner.
Basis for PoZicy
The principal purposes of the policy are (1) to protect
the interests of property owners, and (2) to put all negotiations
for the acquisition of real property on a basis that acknowledges
and accepts the obligation of public entities to treat all owners
fairly, impartially, and consistently in negotiating the acqui
sition of their properties.
The negotiations with an owner of property, which the City
would acquire by condemnation if an agreement with the owner
as to the purchase price cannot be reached through negotiation,
shall be started as soon as feasible after the required apprai-
sals of the property have been completed and the price deter-
mined to represent the fair compensation for the property has
been concurred in by the BOR and the City.
In every case for which the prescribed negotiating policy
is applicable, the owner shall be offered initially the full
measure of compensation authorized by the consultants' price
concurrence.
NEGOTIATIONS REQUIRED BEFORE CONDEMNATION
The consultants are committed by the Land Acquisition
Policy Statement to "make every reasonable effort to acquire
each property by negotiated purchase before instituting eminent
domain proceedings against the property." This means that (1)
the consultants must make a diligent, conscientious effort to
induce the owner to accept a fair and proper price for his
property, and (2) if that effort is unsuccessful, the consul-
tants shall make a final offer to the owner in writing. The
final offer shall include an invitation to discuss the acqui-
sition, include a reasonable time period to accept or reject
the invitation, and include notification of date of institution
of eminent domain proceedings if agreement cannot be reached
on the purchase of the property within the time specified.
PAYMENT OF FAIR PRICES
The price paid for the acquisition of each property must
be supported by the records of the consultants as being fair
to the owner as well as to the city. This requirement that
price determination be properly documented does not place the
consultants under any obligation to disclose its appraisals or
other supporting documents or records:
PROTECTION OF INTERESTS OF OWNERS AND OCCUPANTS
(1) The consultants shall take appropriate steps to en-
sure, insofar as possible, that all tenants as well
as property owners, are provided full information re-
garding the contemplated property acquisition and are
given as much advance notice as possible of the time
of possession of the property.
(2) The consultants shall endeavor to obtain an agreement
of sale on each property as soon as feasible after
opening acquisition negotiations in the project area.
.(3) The consultants shall permit the owner in the agree-
ment of sale to determine, to the extent practicable,
the dates for closing and delivery of possession
within the limits imposed by schedules for clearance
and disposal operations.
(4) In the negotiation of agreements for the acquisition
of owner occupied properties and properties occupied
by business and institutions, the consultants shall
give early and special attention to the timing of
both the acquisition of title and the delivery of
possession, so as to minimize any adverse effect of
the acquisition on the occupants and'any employees
of occupants.
TAXING POSSESSION
The consultants will "not require any persons lawfully
occupying property to surrender possession without at least
90 days' written notice from the consultants of the date on
which possession will be required."
The notice of at least 90 days required by the consultants'
statement shall be a written notice and shall be given to an
owner -occupant as well as a.tenant.
ACCEPTANCE OF OFFERS OF OWNERS
Offers of owners shall be accepted or rejected promptly.
Before accepting an offer to sell or to stipulate as to the
value of a property in a condemnation proceeding, the consultants
shall:
(1) Determine that the price, terms, and conditions of
the offer are within the HUD concurrence and the re-
quirements above.
(2) Inspect the property and ascertain that it conforms
substantially to the property as appraised.
(3) Approve and authorize acceptance of the offer by
resolution of its governing body,•if the acquisition
was not previously authorized.
TERMS AND CONDITIONS
Each property shall be acquired on the following basis:
(1) Title shallbe subject only to:
•(a) reservations, outstanding interests, encumbrances,
and exceptions to title apprived by HUD.
(b) reservations which are authorized by the consul-
tants in the manner described under the heading
"Reservation of Rights in Vendor."
(2) Real property taxes and charges for public•services
shall be prorated as of the date title vests in the
city or the date of taking possession under a court
order in an eminent domain proceeding or under a
voluntarily given right of entry and possession, which-
ever occurs first.
(3) Rents and deposits collected by the vendor from ten-
ants shall either:
(a) Be,prorated as of the date of closing; or
(b) Be retained by the vendor for the rental period
in which title is acquired by the city.
(4) The expense of closing, including examination and
evidence or assurance of title and preparation and
recording instruments of conveyance shall be paid
by the city, but the city shall not pay for State
or local transfer taxes from which the city is exempt
by law, or any cost of clearing title.
ASSURANCE OF TITLE TO ACQUIRED PROPERTY
At the time.payment is made for a parcel and title is.
vested in the city, the city shall have:
(1) Obtained evidence or assurance of title showing title.
_ _-_to the parcel vested in the city.
(2) Inspected the property immediately before title vests
to determine:
(a) that the property conforms substantially to the
property as appraised;
(b) that there is no evidence of work or labor having
been performed, or materials furnished, that
,might entitle anyone to a lien on the premises;
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(c) that, after taking title, there will be no out-
standing rights of possession or interests ad-
verse to the rights of the city, except easements
or other interests that are not to be acquired
for the project.
A detailed settlement statement shall be prepared at
each closing or acquisition of property by condemnation,
RESERVATION OF RIGHTS IN VENDOR
�y Any acquisition of property from an owner who occupies
1] the property may be subject to a reservation in the owner of
the right to retain possession of the owner -occupied portion
of the property without payment of rent, for a period not ex-
ceeding sixty days.
ACQUISITION BY CONDEMNATION
HUD concurrence in an acquisition price constitutes HUD
concurrence in the institution of condemnation proceedings,
Vprovided that:
(1) The city made every reasonable effort to acquire
-�' the property by negotiated purchase and made a final
offer to the owner in writing.
(2) No action is taken to cause title to, or possession
of, the property to be vested in the city before
final determination of the compensation to be paid.
(3) The property is not being acquired for rehabilitation
demonstration purposes or for disposal to a redeveloper
for rehabilitation.
QUICK -TAKING CONDEMNATION PROCEEDINGS
A proposal to take title .or possession by a "quick -taking"
�j condemnation proceeding or other similar action, before reaching
agreement with the owner as to price, shall be submitted to HUD
for concurrence. Included in the submission will be the approv-
ing resolution, procedure description, compensation deposit
record, reasons for requiring possession, other statements
4 authorized by the city and of measures the city will adopt.
`I TITLE TO PROJECT LAND
When acquisition has been completed, the city shall obtain
consolidated assurance of title covering the project land as a
whole.
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LAND ACQUISITION PROCEDURES
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LAND ACQUISITION SUMMARY
The
consultants shall maintain a running record in summary
form showing major actions and items of information on each
parcel as
follows:
(1)
Approved maximum acquisition price.
(2)
Date of offer of owner.
(3)
Date of acceptance of offer.
(4)
Date condemnation proceeding authorized by the city.
F-,j
(5)
Date condemnation proceeding instituted.
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(6)
Date title vested in city.
(7)
Acquisition price, if by purchase or stipulation.
(8)
Acquisition price, if by court award after trial of
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the issue of value.
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V .i. :
CONTRACT FOR ACQUISITION AND RELOCATION
SERVICES FOR CANYON FAKES PROJECT
THIS AGREEMENT entered into between the City of Lubbock, hereinafter
:called "CITY" and W. T. Yarbrough and Homer R. Akins dba Relocation
Consultants, hereinafter called "CONSULTANTS"
WITNESSETH
1. The Consultants hereby agree to perform for the City the services of
Consultants and act as representative of the City in the negotiation for purchase
of property needed in the Canyon Lakes Project and when such property is
t acquired by the City, the Consultants will perform relocation services required
by the City. The scope of services to be performed by the Consultants are set
out in two (2) letters and attachments from the Consultants to Mr. Jim Bertram,
City Planning Department, Lubbock, Texas, dated July 28, 1971, which are
attached and made a part hereof.
2. The services to be performed by the Consultants shall consist of
Phase 1 only of the services set out in such letters. This shall consist of the
preparation of forms and procedures necessary to negotiate the purchase of the
property needed in such project and the preparation of a relocation plan and
socio-economic surveys needed in both residential and non-residential reloca-
tions. The services shall be limited to this Phase 1 and no additional services
shall be performed nor shall additional compensation be paid for additional
services until authorized by either an amendment to the contract or a new
contract.
3. The compensation to be paid by the City to the Consultants for the ser-
vices under Phase 1 shall be the sum of $2,000.00 for preparation of forms and
procedures used in negotiation for the purchase of the project property and the
sum of $17,610.00 for the preparation of a relocation plan and socio-economic
.... surveys.
4. The services performed by Consultants as set out in the letters and
attachments shall be in conformance with the uniform relocation Act of 1970 and
any additional directives from the Department of Housing and Urban Development
and the Department of Interior. The Consultants hereby assume the responsibi-
lity on the behalf of the City of performing the acquisition and relocation services
covered by this contract.
5. The services to be performed under this Phase 1 shall be completed
by October 1, 1971.
6. The Consultants shall be paid for services rendered under this contract
upon submission to the Director of Planning of a statement showing in detail that.
the services covered by such statement have been performed. The Director of
Planning shall then authorize the Director of Finance to pay the Consultants for
such services. The Consultantsshall hire such employees as shall be needed
to perform the contracted services and acquire such equipment and supplies
needed to perform the services in a proper and timely manner. The Consultants
shall hold the City harmless from any acts or omissions of the principals,
employees or agents of the Cbiisultaiifs`i.ri the -performance-'of the services of
this contract.
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7. This; contract may be cancelled by the City in the event the Consultants
are unable or unwilling; to perform the services agreed upon in this contract or
in the event the standard of performance by the Consultants does not meet the
approval of the City Council. In the event of cancellation, the Consultants
shall be paid for services performed to the date of cancellation if such services
are acceptable to the City.
EXECUTED this day of August, 1071.
CITY OF LUBBOCK
BY:
J. H. GRANBERRY, MAYOR
ATTEST:
Lavenia Lowe, City Secretary -Treasurer
RELOCATION CONSULTANTS
APPROVED AS TO FORM:
BY:
Fred O. Senter,,Jr., City Attorney .�
2
OBJECTIVES
'Relocation Consultants will be responsible for the administration and e4ecution of
all operations pertaining to the relocation of families, individuals and for referral
assistance to businesses located in the Canyon Lakes Area. This responsibility will be
assumed at the time of acquisition.
Our function is focused on the resolution of industrial and commercial property
acquisition as well as residential.
The simple explanation of our method is the recognition, understanding and solution
of the problems faced by the business entity in its relocation to satisfy Federal require
ments.
The businessman required to relocate his industrial plant or commercial operation
does not view his move in terms of Federal regulations. His concentration is on the
method and costs of relocating his business. The only -common denominator he sees is the,
-total dollars he gets from acquisition and relocation and he is often amazed.at.the size
of the bill.
The City of Lubbock is concerned with compensation, appraisal requirements and rigid
time tables. They must fit the acquisition and relocation into this framework. Reloca-
tion Consultants concern is with this total perspective and assistance•both in acquisition
and relocation.
It is virtually impossible to isolate the relocation problem from the acquisition
problem. The consultants for relocation and acquisition must both see the whole. Our
objective is to assist the City in realizing these business.property acquisitions and
relocations at the lowest total cost.
This initial effort may not represent a formal report, but time must be spent in
resolving the relocation problem before the solution can be fitted into avenues of compensa-
tion established by the Federal regulations. The City must recognize that the settlement
of the acquisition phase is virtually impossible until this problem is resolved.
SCOPE OF SERVICES
1. Gathering and analyzing information on business establishments in the project area
through questionnaires and face-to-face interviews.
2. Identification of relocation needs.
3. Identification of problems which might,arise in their displacement.
i
4. Analyze alternate areas where businesses might relocate. The availability of sites
and buildings at a price they can afford related to the critical time period of
displacement.
5. Develop and discuss types of assistance available to firms to be displaced. -
.6. Phasing of displacement.
7. Completing necessary forms and documents.
8. Arrangement for liaison with the Small Business Administration to provide technical
and financial assistance to business concerns.
9. Coordinate residential displacement with FHA.
10. Assist displacees with mortgage financing.
11. Provide firms information on services and resources available to assist them in their
move.
12. Explaining procedures to -:.be followed to meet Federal requirements.
13. Assist businesses in advertising for bids for moving.
14. Assist businesses in filing for relocation benefits and determine eligibility.
15. Maintain files for occupants of property acquired by the City to meet audit require-
ments.
16. Maintain a dwelling Inspection record for all relocations..
SCOPE OF SERVICES FOR RELOCATION PLAN
1,..-Description of•organization.of.Relocation Staff ,
2. Physical and occupancy standards
.(a) Sanitary, heating, cooking and.lighting facilities
(b) Structural conditions
(c) Occupancy, indicating number of bedrooms for families of various sizes
3. Standards for displacees ability to pay
4. Location standards of replacement housing and business sites
5. Temporary relocations -- under what circumstances used
6. Proposals for obtaining relocation housing
(a) Arrangements made with the sources of existing public housing
(b) Arrangements made with the sources of private housing
(c) Notification of vacancies on a non discriminating basis
(d) Information on size and rent of available units
(e) Admission preferences for referred families and.individuals to public
housing
If an analysis of the rehousing needs of displaced families and individuals -
indicates a deficit in the supply of existing housing expected to become
available during the displacement period, state actions taken to provide
additional housing. Use of FHA mortgage insurance under Section 221 of the
National Housing Act,
B. FHA Section 221(d)(3) - whether rent supplement is. needed. Availability for
occupants to be displaced,
9. Statement from FHA that the construction and rentals indicated are feasible,
10. Coordination with FHA on housing.
11. Detail arrangements for local rent assistance, if needed,
12. Details to stage relocation activities,
13. Proposals for solving special rehousing problems'involving.minority groups,
barge families, individuals or handicapped or elderly displacees.
14. Development of an informational program to advise site occupants of relocation
assistance which city will offer, (informational material)
15. Interviews with site occupants to ascertain relocation requirements,
16. Location of office for relocation,
17. Referrals available to site occupants.
18. Inspection of relocation sites for site occupants (to meet standards of City
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of Lubbock).
19.. Coordination with code enforcement.
20. Describe referral to social agency of families requiring.assistance.
21. Assistance to homebuyers in obtaining mortgage financing.
22. Assistance to businesses ,in obtaining financing with SBA or private financing.
23. Describe.eviction policy.
24. Describe types of relocation payments.
25. Describe eligibility criteria for payment.
26. Develop informational program advice to business concerns.
27. Interview businesses''for space needs and location.
28. Listings of real estate -agencies, brokers, and companies that have commercial
properties.
.29. Arrangements for liaison with SBA to provide technical and financial assistance
to business concerns.
30. Housing availability survey of relocation resources for families and businesses
and others. Coordinate Housing and Business Study with Socio-Economic survey
needs of displacees,
31. Project future housing and commercial needs for Lubbock. .
32. Develop and furnish forms to meet Federal requirements.
33. Schedule of moving expenses (Highway Dept, allowance schedule).
34. Cost of comparable replacement dwelling or business location survey,
35. Develop Informational Statement for families and businesses.
1 .36. Approve schedule for reasonable acquisition cost of suitable replacement dwelling.
37...Establish suitable rental schedule for tenants determined by market data.
38. Develop Relocation Advisory Program foe displacees.
39. Coordinate relocation activities with other governmental agencies causing
displacement.
40. Housing Avall.ibikity Survey,
SCOPE OF SERVICES FOR RELOCATION PLAN
1. Develop physical and occupancy standards.
2. Develop location standards. (Accessibility to schools churches, shopping
centers)
3. Housing availability survey.
4. .'Availability of vacancies or sites for business relocations.
5. Develop relocation advisory program for families and businesses.
b. Establish rental schedule from market data. (Rental survey)
7— Establish schedule for cost of suitable replacement sales housing.
(Replacement cost survey)
8. Establish schedule of moving costs. (Survey of local movers for hourly rate
costs)
g. Project future housing and commercial needs for Lubbock.
10. Develop informational program for businesses.
11. Coordinate residential displacement with FHA.
12. Arrangement for 1•iaison with the Small Business Administration to provide
technical and financial assistance to business concerns.
13. Assist displacees with mortgage financing.
14. Coordinate with BOR and State for HUD review and approval of plan.
15. Develop and furnish all, forms needed to meet Federal, Requirements.
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