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HomeMy Public PortalAboutORD13708 BILL NO. 2003-200 SPONSORED BY COUNCILMEN _ /V�OGEL & Gordon ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI,AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A GRANT AGREEMENT WITH MISSOURI STATE EMERGENCY MANAGEMENT AGENCY AND AUTHORIZING SUPPLEMENTAL APPROPRIATION OF GRANT FUNDS. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and City Clerk are hereby authorized and directed to execute a grant agreement with Missouri State Emergency Management Agency and a Voluntary Flood Buyout Policy. Section 2. The agreement shall be adopted substantially the same in form and content as that agreement attached hereto as Exhibit A. Section 3. As part of the agreement, the City adopts a Voluntary Flood Buyout Policy attached hereto as Exhibit S. Section 4. There is hereby supplementally appropriated within the Grants Fund Account as outlined in Exhibit C attached hererto. Section 5. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed:r..;L.` � _ .,�1'l%�l � Approved: _ Press g O cer M r A T !�P ED O FORM: City Clerk J City Counselor CERTIFICATION BY MAYOR Pursuant to Article VII, Section 7.1(5.) of the Charter of the City of Jefferson, Missouri, I hereby certify that the sums appropriated in the ordinance are available in the various funds to meet the requirements of this bill. Mayor Bill 2003-200 Exhibit C Supplemental Appropriations Fiscal Year 2004 Budget GENERAL FUND: Revenue 1993-0000-0335-0010 (Federal Grants) $136,520 Expenditure: 1993-1020-7000-0030 (Land Acquisition) $136,520 TOTALS: $136,520 $136,520 Ordinatice 13708 ExItibit A Missouri State Emergency Management Agency Hazard Mitigation Grant Program Grant Agreement This grant agreement is made by and between the Missouri State Emergency Management Agency (SEMA), herein called the "State" and the City of.lefferson, herein called the"Subgrantee". in reliance upon and in consideration of the mutual representations and obligations hereunder, the State and the Subgrantee agree as follows: I. The Subgrantee agrees to accept responsibility for adherence to this Agreement. 2. 'fhe Subgrantee agrees that any and all such amount of local funds or in-kind (force account) services or materials shall be equal to or greater than 25% of the total project costs. (A) The following documentation is required for matching cash contributions: -Record of source of donor, dates, rates,amounts, deposit slips (B) The following documentation is required for matching noneash contributions: -Record of donor,dates, rates, amount 3. The Subgrantee agrees that any proposed activity budget variances (from the Funding; Approval form) in excess of the amount of this Agreement shall be approved by the State in writing prior to an obligation of funds for such activity; however, any variance shall be approved by the Subgrantee's governing; body in advance of an obligation of such activity. A. The Subgrantee agrees to complete the project in its entirety as indicated in the Funding Approval form unless amended in writing by agreement of all parties. 5. The Subgrantee agrees that any federal funds remaining from the allocation indicated in the Funding Approval form after the project has been completed shall be returned to the State if they have been drawn to the Subgrantee's local depository, or canceled if such funds have not been drawn. 6. The Subgrantee agrees to comply with OMB Circular A-133, which governs the auditing requirements of these grant monies in uccordanc,: with the Single Audit Act, and to provide the State with all required audits. 7. 'File Subgrantee agrees to comply with any and all guidance provided by the State in regards to this grant to include the Local UJJicirrLv C;rrirle to Alcrrrrrslirlt(a I'ulnnlart BUY 0111 guidebook. 8. The Subgrantee agrees that the State and 1`1MA officials shall have full access to any documents or materials relating to this Agreement at any reasonable time. 9. The Subgrantee agrees that all funds received under this Agreement shall be held and used by the Subgrantee for the purpose of accomplishing, the project only and none of the funds so held or received shall be diverted to any other use or purpose. 10. The Subgrantee agrees that any material prepared by the Subgrantee or persons or firms employed or contracted by the Subgrantee shall not be subject to copyright, and the State shall have unrestricted authority to publish, disclose, distribute err otherwise use, in whole or in part, • any reports, data or other material prepared under this agreement. Ordinance 13708 ENhibit A 11. The Subgrantee agrees that any approval of contracts,sub-contracts, material or service orders, or any other obligation by the Subgrantee or its agents shall not be deemed an obligation by the State, and the State shall not be responsible for fulfillment of the Subgrantec's obligations. 12, in the event that the State or an audit has determined that the Subgrantee has failed to comply with this Agreement, the Subgrantee shall perform remedial actions to correct the deficiency, as determined by the State which may include: • Repayment or reimbursement of federal and state (finds spent inappropriately to the State; • The return of federal and,state funds deposited at the Subgrantee's local financial institution to the State; • The return of any equipment, materials or supplies purchased, leased or lease purchased using federal or state funds to the State or supplier; • Other actions as the State deems appropriate. 13. The State may terminate this agreement in whole or in part, at any time before the date of completion, whenever it is determined by the State that the Subgrantee has failed to comply with the conditions of this Agreement. The State shall notify the Subgrantee in writing of the determination and the reasons for the termination, together with the effective date. The Subgrantee shall not incur new obligations for the terminated portion after the effective date of the revocation of the Agreement, and it shall be the Subgrantec's duty to cancel all outstanding obligations that are legally possible. 14. The State and Subgrantee each binds himself to his successors, executors, administrators, assigns and legal representatives or such other party, in respect to all covenants, agreements, and obligations of this agreement. 15. The State agrees that it may at any time, in its sole discretion, give any consent, deferment, subordination, release, satisfaction, or termination of any or all of the Subgrantee's obligations under this Agreement, with or without valuable consideration, upon such terms and conditions as the State may determine to be (a) advisable to further the purpose of the project or to protect the State's financial interest therein, and (b) consistent with both the statutory purposes of the grant and the limitations of the statutory authority under which it was made. The parties hereto have made and executed this Agreement as of the day and year indicated in the Funding A vat orm. Jo n ehr, Mayor Date City I`J erson Beaufort . Katt, Deputy Director Date Missouri State Emergency Management Agency Oi-dinauice 13708 EAhlbit A Missouri State Emergency Management Agency Hazard Mitigation Grant Program � Funding Approval* cy'rANAO�� Name and Address of Grantee: Name and Address of Subgrantee: Missouri Emergency Management Agency City of Jefferson P.O. Box 116 320 E. McCarty Jefferson City, Missouri 65102 Jefferson City, Missouri 65101 Disaster Number: CFDA Number: FEMA-1412-DR-MO 83.548_ Grant Award Date; Anticipated Project Completion Date: March 3, 2004 March 3, 2005 Non-Federal Match Source (25%Cost Share): City of Jefferson Public Funds -$44,000 Project Description: Acquire and demolish four (4) residential structures - 1207 6th Street, 1110 Teal Street, 1116 4th Street, and 1331 Monroe (Romar Place). Budget Total Description: Federal Award City of Jefferson Award Program Funds: $132,000 $44,000 $176,000 Administrative Funds: $4,520 $0 $4,520 Total Funds Awarded: T $136,520 $44,000 $180,520 Signature G razed Representatives: John a hr, Mayor Date: City of erson Beaufort ,. Katt Date: Deputy Director, Missouri SOMA [?xhihlt K City of Jefferson Voluntary Buyout Policy The City of Jefferson Council hereby adopts the City of Jefferson Voluntary blood Buyout Policy as follows: Priorities of Buyout Pro rain 1. Residential properties on the original application. 2. Residential properties added to the buyout will be given consideration based on: a) Frequency of'inundation; b) Proximity to the creek; and c) Elevation pert yace A,ssuranCe .Ytatement 1. Federal regulations for property acquisition and relocation dictate that the following restrictive covenants shall be conveyed in the deed to any property the city acquires, accepts, or from which structures are removed: 1. The property shall be dedicated and maintained in perpetuity Ior uses compatible with Open space, recreational, or wetlands management practices; and, 2. No new structure(s) will be built on the property, except as approved under 44 CFR 206.434(4); and, 3. After completion of the prgject, no application for additional disaster assistance will be made for any purpose with respect to the property to any federal entity or source, and no federal entity or source will provide such assistance. 2. The City of Jefferson, through adoption of this Policy does hereby provide the necessary assurance that all property acquired through the Hazard Mitigation Grant Program will be (Iced restricted, dedicated and maintained in perpetuity for uses outlined in 44 CFR 206.434(4), General Rligibilixy Requirements In general, to be eligible to participate in the city ol'.lefl'ersun flood buyout program, all conditions listed below must be met: 1. Property must be listed in the original buyout application submitted to the Federal Emergency Management Agency or later officially amended to the buyout by both the State Emergency Management Agency and the federal Emergency Management Agency. 2. The property mist be a primary residential home(no vacation homes,clubhouses or businesses) General Buyout Policy 1. A residential buyout package must encompass no more than one(1) acre or less. Any survey fees will be paid for by the city with grant funds. 2. Garages and outbuildings must be located on the same property and be considered as a part of the residential package. 1 3. The city will conduct a title search to determine the rightful owner(s) of the propcily prior to snaking an offer to buy. 'i'hc cost filr the title search will be paid tier by the city with grant funds. 4. If a title search is not conclusive regarding true owticrship, it will be the sole responsibility of the reported property owner to prove ownership. The city will not pay for any legal costs necessary to prove ownership. 5. The title to the property must be clear of all lictls before the city will take title to the property. If the lion amounts cannot be satisfied prior to the closing, all lien amounts ([tie will be deducted from the buyout proceeds at the time of closing. 6. All properties will be appraised by a State of.Missouri, board certified, licensed appraiser. This process is outlined in more detail on page 3. The cost for the appraisal will be paid for with city grant funds. 7. All buyout participants must sign a statement recognizing that this program is voluntary and therefore not entitled to any relocation assistance under the Unilorni Relocation Assistance Act. 9. Property owners will be given two (2) weeks from the date ofoffer to decide if they will accept or rejeet the city's offer to purchase. 9. Property owners will be required to vacate the premises cnifrcly prior to closing. All personal property remaining on or in the structurc(s) will be considered city property after closing. 10. Property owners are not allowed to remove structural items from the ]ionic after the appraisal is completed. If a property owner wishes to remove all Stem that would normally remain ill a real estate transaction (for example, light fixtures, windows, doors, hot water heaters etc.) The appraisal must be reduced by the current market value of the removed item. H. Once a property has been acquired by the city, any items within the structure must be disposed of in a public manner. The city may choose to remove usable items and store them until a public auction can be held or bids received by all interested citizens. Or, salvage rights may be granted to the demolition contractor, in which case, citizens then would contact the demolition contractor if interested in select items. 12. Current property owners are responsible for the property taxes on the structure from the first of the year through the date of'the closing on a pro-rated basis. 13. Demolition costs and liability expenses for tine btlycnit structure will be the responsibility of the city upon transfer of title. Until the title is transferred, the property owner remains solely responsible I'ar the property. 14. No structure may be demolished until the Missouri Office of Historic Preservation and the Federal Emergency Management Agency (lave determined that the property is not historically significant or that bistorically significant properties have been recorded and documented sufficiently to enable the city to demolish the structure. 15. The date of negotiations for the City of Jefferson is the day the city provides written notification to potential buyout participants that grant funding has been provided to the city for a voluntary buyout program. ki Fair Market Value Determination 1. All offers to property owners will be based on the current fair market value established by a State of Missouri, board certified, licensed appraiser. 2. The city, in compliance with local bid procedures, will hire a State of' Missouri, board certified, licensed appraiser to complete the appraisals. The cost for the appraisal will be paid for by the city with grant funds. 3. The city's grant administrator will coordinate when the property will be appraised with each owner, The city encourages each property owner to be present during the site inspection by the appraiser to aid the appraiser in properly identifying property boundary lines and outbuildings etc. 4. If the property owner has an appraisal that was completed within the last twelve(12) months prior to the flooding event date by a State of Missouri, board certified, licensed appraiser, he/she may submit that appraisal to the city for review. (NOTE: property owners are not required to submit the appraisal,) If' the city determines that the appraisal was completed in accordance with the city's buyout program guidelines, this appraisal may be used to establish the flair market value: of the property. The city will not reimburse property owners for appraisal costs they incurred when this appraisal was completed. 5. The appraisal completed by the city is the official fair market value. If a property owner is in disagreement with the value indicated, he/she may hire a State of Missouri, board certified, licensed appraiser, at his/her own expense, and provide an original appraisal to the city for review. The city will then forward both the city and owner appraisal to the Missouri State Emergency Management Agency (SEMA). The State's independent licensed appraiser will review both appraisals and determine the final flair market value. '.fhe State's decision is final. b. All property appraisals will be completed with the following special buyout provisions: • 'File current appraisal must clearly indicate the value of the entire buyout package and a) the value of the residential structure only b) the value of the underlying real property and outbuildings only • Appraisals will be based on comparable sales for properties located in a flood hazard area. If properties not located in a flood hazard area are used as comparable sales, a location adjustmr:,nt must be reflected in the appraisal. • Property previously purchased by the city through the flood buyout prograrn may not be used as comparable sales for other buyout appraisals. • Rental property will be appraised on thy; sales comparison approach. In no event may rental property be acquired based on a market value established through the rental income approach. 7. All property appraisals (whether completed by the city's appraiser or submitted by a property owner) will be Convarded to the MO State 1?mergeney Management Agency prior to an offer being made. 3 Buyout Cate gories 'I`lie p raiprai sed value of a property and t is occupancy status(owner occupied or renter occupied)will determine what type of buyout offer a participant will receive. The criteria for each type of offer is as follows: ,Straight Buyout Criteria; 1, Home and underlying real property is owned by the same owner. 2. Property is occupied by the owner of the property or a tenant/renter* (tenant nr(ry qualili,,ior a tenant relocation assistance grant; sue page 6) 3. Property value is greater than $20,000 A property and property owner meeting the criteria listed above will be acquired at the fair market value established by the appraiser Icss any duplication ofbenelits. Example: Properly appraised at$40,000 Properly owner~mill be gNred$35,000 Land Plus Replacement Houk inu Payment Criteria: 1. Home and underlying real property is owned by file same owner, 2. Property is occupied by the owner of the property(owner-occupicd) 3, Property value is $20,000 or less • A property and property owner meeting the criteria listed above will receive an offer from the city for the fair market value of the underlying land and outbuildings but will then receive a relocation assistance payment (up to $22,500). Refcr to the Replacement I-lotisirig Payment section. • Even though the offer to the property owner is only for the underlying real property and outbuildings, because the property owner is also receiving a relocation assistance grant, the city will take title to the entire buyout package to Include the home. Relocation Assistance Categor es Based on tT Me categories Tiste(I above, two (2)types of 're ocation" grants are available: 1, Replacement Housing Payment (maximum grant is $22,500) 2. Renter Relocation Assistance Grant (maximui::grant is $5,250 plus moving costs) Replacement Housinp- Payment 1. Maximum owner relocation grant a buyout participant may receive is $22,500, 2. Individuals and families entitled to a replacement housing payment are those that: a) Own and occupy the dwelling participating in the buyout program whose fair market value is $20,000 or less, and b) Owned and occupied the dwelling participating; during the incident period for the disaster, and C) Will purchase and occupy a decent, safe and sanitary replacement unit. (NOTE: All criteria listed above must be met to be eligible for It replacement housing payment.) 4 3. The replacement housing payment is determined by the purchase price of the replacement dwelling subtracted by the proceeds received for acquisition of the land at. the old site. 4. An owner who qualifies to receive a replacement housing payment may only receive the fair market value of file land and outbuildings, not the fair market value of the dwelling unit. However, the city will take deed to both the land and structure. 5. It is the responsibility of the homeowner to locate a new replacement home and provide proof of purchase to the grant administrator. 6. Mobile homes are eligible replacement dwelling units provided that the mobile home, has been purchased and transported to the dwelling site prior to any replacement housing payment being made. 7. The city will not acquire the land nor make a replacement housing payment until the buyout site is vacated and the new dwelling purchased and occupied. The grant administrator will coordinate property closings to ensure that the property owner is provided with the replacement housing payment in the most expedient manner possible. 8. The owner may choose between a straight buyout or a land plus replacement housing; payment offer,whichever creates a better financial assistance payment to the owner. E.rample: Cost of nezv home $35,000 Fair market value of home $19,000 (structure$18,000; laud$1,000) Fornnila for determining replacement housing grant: Cost gfnew home: $35,000 Less: land at old site: 1 000 Replacement Grant: $34,000 CANNOT EXC'EE'D$22,500 Homeowner receives• .X'22,500 Plus: 1,000 Total Buyout Offer: Renter Relocation assistance Grant I. Renters MAY be eligible for relocation assistance should a property they reside in be acquired by the city through the flood buyout program. 2. The maximum renter relocation assistance grant may not exceed $5,250 plus the cost to move personal property located inside the property. 3. It is the responsibility of the property owner or renter to contact the city to determine if a renter is eligible for a grant. 4. A Relocation Assistance to Renters workslieet must be completed and certain documentation provided by the renter to detennine the level of assistance, if any. 5. The payment for moving personal property consists of household furniture and is determined by pre-established government charts based oil the number of furnished rooms in the property. 6. No renter relocation assistance payment will be provided until the properly in the buyout program has been acquired. Environmental Considerations Participants in the buyout program must sign a Sales Contract which by signing represents and warrants to the city that: 1. There are no abandoned wells, agricultural drainage wells, solid waste disposal areas or underground storage tanks (as defined in Revised Statutes of Missouri) located in, on or about the property; 2. There is and has been no hazardous waste stored, generated, treated, transported, installed, jumped,handled or placed in, on or about the property; 3. At no time have any federal or state llazardons waste CIC11nU11 funds been expended witll respect to any of the property; 4. There has never been any solid waste disposal site or underground storage, tank located in, on or about the property, nor has there been any release from any underground storage tank on real property contiguous to the property which has resulted in any hazardous substance coining in contact with the property; S. The seller has not received any directive, citation, notice, letter or other coin munication, whether written or oral, from the 1:nvironnlental Protection Agency, the Missouri Department of Natural Resources, any other governmental agency with authority under any Environmental Laws, or any other person or entity regarding the release, disposal, discharge or presence of any hazardous waste on the property, or any violation of any 1nvironmental laws; and 6. To the best of seller's knowledge, neither the property nor any real property contiguous to the property nor any predecessors in title to the property are in violation of or subject to any existing, pending or threatened investigation or inquiry by any governmental authority or to any removal or remedial obligations under finvironnlental Laws. SEecial Considerations Any scenarios that have not been covered by the approved city of .Jefferson Buyout Policy will be reviewed by an advisory council consisting of representatives from SENA and the City of,Jefferson city council. In the event of disputes, differences of interpretation, or disagreements over these guidelines, the decision of the city, acting by and through the city council shall be final and in all cases shall be the determining factor, after consultation with file State of Missouri. Approved and read by the city council onY"`7`� 11` Mayor Bill 2003-200 Exhibit C Supplemental Appropriations f-iscal Year 2004 Budget GENERAL FUND: Revenue 1993-0000-0335-0010 (federal Grants) $136,520 Expenditure: 1993-1020-7000-0030 (Land Acquisition) $136,520 TOTAI,S: $136,520 $136,520