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RESOLUTION 2007-131 <br /> B. Non-Voluntary Acquisition Plan <br /> Acquisition of property (including easements and right-of-way) using federal funds shall <br /> occur in accordance with the Uniform Relocation Act of 1970 (as amended) and with any <br /> State and Federal regulations that may apply. <br /> Fundamental steps that occur in each purchase may vary case by case. However, in <br /> general terms,the following should take place: (1) source of funds and authority to acquire <br /> confirmed, (2) property/site identified and suitable, (3) legal <br /> description/survey/preliminary title search performed (services procured as necessary), (4) <br /> notice of intent to acquire sent to owner, (5) title companies solicited and retained after <br /> review received(title insurance amount and necessity determined in advance), (6)appraisal <br /> and review appraisal services solicited and appraiser retained, (7) appraisal received and <br /> sent for review, (8) offer to purchase and notice of just compensation sent owner, (9) <br /> owner contacted by attorney or other representative and contract formalized, (10) <br /> settlement costs calculated and closing date set, (11)closing contract conducted with funds <br /> changing hands, and(12)records of proceedings retained. <br /> The Uniform Relocation Act requires certain specific procedures such as some letters being <br /> sent certified. The CDBG Implementation manual provides a checklist that may be <br /> utilized in following each transaction to successful conclusion. In no case will CDBG <br /> funds be utilized which would create involuntary displacement. <br /> C. Timing/Planning <br /> Properties necessary for easements or acquisition shall be identified as early in the <br /> planning stage as is practicable. Every attempt shall be made to effect a design that it not <br /> wholly site dependent, that is, where two or more sites are suitable for the project. It is <br /> recognized this may not always be possible; however, a policy of minimizing single site <br /> alternatives is emphasized. <br /> In general terms, the voluntary acquisition process shall be utilized to identify possible <br /> sites early in the project. Sites shall be evaluated for suitability prior to the final design <br /> phase to the maximum practicable extent. As soon as alternative sites are identified and <br /> evaluated, applicable acquisition procedures should commence. <br /> Projects shall not normally be sent out for bids unless properties to be acquired or utilized <br /> for easements have been formally acquired or a commitment exists which is sufficiently <br /> firm and binding to be considered safe for the project to proceed with start up. The Indian <br /> River County Commission shall make the determination as to whether or not bidding, <br /> award, and start up may proceed to closing in the property. <br /> In those cases, where need for easements and/or acquisition is not identified until after the <br /> project is underway, procedures shall be expedited to the maximum practicable extent and <br /> utilization of funds, the value of which would be unrecoverable if the transaction did not <br /> occur, minimized. <br /> 20 <br />