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2007-131
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2007-131
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Last modified
2/9/2026 9:52:00 AM
Creation date
9/30/2015 5:27:33 PM
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Resolutions
Resolution Number
2007-131
Approved Date
09/18/2007
Agenda Item Number
11.A.
Resolution Type
Grant
Entity Name
Florida Department of Community Affairs
Subject
Disaster Recovery Initiative
Block Grant Fiscal Year 2007
Archived Roll/Disk#
3129
Supplemental fields
SmeadsoftID
2872
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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 />
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