HomeMy WebLinkAboutWATERLOO ADMINISTRATIVE PLAN WATERLOO
ADMINISTRATIVE PLAN
Voluntary Property Acquisition Funded Under the Hazard
Mitigation Grant Program for DR-1763
CITY OF WATERLOO, IOWA
ADOPTED BY THE WATERLOO CITY COUNCIL
ON AUGUST 3, 2009 BY RESOLUTION NO. 2009-766
1.0 Background Information
The City of Waterloo experienced substantial property damages as a result of the flood event in
June of 2008. For the purpose of the City of Waterloo Hazard Mitigation Grant Program
(HMGP) Property Acquisition project,the date of the flood event shall be June 10, 2008.
On January 20, 2009, the City Council authorized the submission of an HMGP Property
Acquisition application to the Iowa Homeland Security and Emergency Management Division
(HSEMD) for the purpose of obtaining federal/state financial assistance under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act(PL93-288, as amended) and the Code of
Iowa, Chapter 29C.
This Administrative Plan is prepared in response to notification by the Federal Emergency
Management Agency (FEMA) and HSEMD of an HMGP award for the voluntary acquisition of
properties located within the City of Waterloo. A total of 88 properties, including 44 homes on
41 properties and 47 adjacent vacant lots, were approved by HSEMD and FEMA for possible
acquisition. In order to add properties to the acquisition list, the Hazard Mitigation Grant
Application must be amended by the City's Authorized Representative and reviewed and
approved separately by HSEMD and FEMA.
Aric Schroeder shall be the Project Manager and the City's Authorized Representative and will
be responsible for administering the grant on behalf of the City of Waterloo.
Funding for the acquisition program will be provided by HSEMD, FEMA, and the City of
Waterloo. HSEMD will provide 10% State funding, FEMA will provide 75% Federal funds, and
the Iowa Department of Economic Development (IDED) will provide the 15% minimum Local
match through Supplemental Community Development Block Grant (CDBG) funds. Funding
for demolitions may be provided through the National Flood Insurance Program's Increased Cost
of Compliance Coverage, the State's Public Assistance Program, or the Hazard Mitigation
Program.
This outline of procedures was created to explain how the program will operate and be
administered. The City is committed to making this program work as efficiently and quickly as
possible so that the affected property owners may promptly make informed decisions regarding
their property.
2.0 Voluntary Acquisition Program
The funding for this program requires that certain conditions be met in order for it to be on a
voluntary basis. Since this is a voluntary acquisition that is funded under the Hazard Mitigation
Program, the City is exempt from following the processes and notices to owners required for
acquisition by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970 (URA). However, tenants will be provided assistance in compliance with the URA since
relocation is involuntary to them.
A voluntary acquisition program, in order to be exempt from URA, must make offers to purchase
on a willing buyer/willing seller basis. That is, if the seller rejects the offer, the City will not
pursue acquisition of the property by using its eminent domain powers. In addition, the City
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must not be purchasing the property for a known project. The City will use the same criteria for
purchases in all cases for this program.
All property owners must sign a voluntary participation statement submitted with the HMGP
application.
3.0 The Property Acquisition Process
3.1 Valuation Methodology for Properties to be Acquired
The City is using FEMA's Property Acquisition and Relocation for Open Space (44 CFR, Part
80) guidance by utilizing the pre flood fair market value of the property for this voluntary
acquisition program. This value is based on the full assessed value of the property according to
the County Assessor's records and other public information times a 1.2 multiplier, which equals
120% of the assessed value. The City is using the 2008 tax year assessment.
Property owners who purchased the property after the 2008 flood event or property owners who
are not a US National or qualified alien, each as defined by applicable federal law, will be
offered fair market value (post flood) in accordance with Part 80. For property owners who
purchase the property after the flood event (June 10, 2008), the purchase price shall be based on
the price paid by such post-flood owner, plus documented costs of any approved flood repairs
made by the post-flood owner. Property owners who are not able to certify that they are a US
National or qualified alien will be offered the current (post flood) fair market value as
established by an appraisal report prepared by a certified appraiser hired by the City. Such
appraisals will be undertaken when it has been established that a property owner is unable or
unwilling to certify that he/she is a US National or qualified alien. To verify eligibility for pre-
flood market value, the City of Waterloo will utilize FEMA Form 90-69B, which requires the
property owner to certify that a member of the household is a US National or qualified alien.
The property owners are not under any obligation to sell their property to the City and they have
an appeal process to permit other information, including independent appraisals, to be submitted
for the City's consideration.
3.2 Community Priorities for Property Acquisition
The City of Waterloo previously prioritized the acquisition of properties based on criteria
established by the City Council. Initial buyout offers will be made in the order of how the
properties were prioritized in the HMGP Property Acquisition Project application.
3.2 A Definition of Primary Residence
A Primary Residence is defined as follows:
The owner's or renter's principal place of residence. The owner or renter must have resided at
the site at least six months plus one day out of the twelve months prior to the date of the flood
event to be considered primary. This will be verified in order of preference by (1) homestead
exemption on the property; (2) income tax returns; or(3) written certification signed by the
owner or renter stating that the property is their primary residence or was their primary residence
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as of the date of the flood event. This definition is relevant to prioritizing the property for
purposes of Section 3.2, and not for determining eligibility for benefits.
3.2 B Definition of Owner-Occupant Primary Residence
An owner-occupant primary residence is defined as follows:
The owner:
1. Holds title to the property with valid deed or valid real estate contract that pre-dates
the flood event,
2. Continues to hold title to the property to the date of the City's offer to purchase, and
3. Will certify to having lived in the house as his/her/their primary residence as of the
date of the flood event. This provision is relevant to prioritizing the property for
purposes of Section 3.2, and not for determining eligibility for benefits.
3.2 C Definition of Investor-Owner
An investor-owner is defined as follows:
Holds title to the property with valid deed or valid real estate contract and did not occupy the unit
as his/her/their primary residence as of the date of the flood event. The investor-owner shall
provide the City with additional information as may be required by the City, including available
information on any tenants.
An investor-owner property could consist of an occupied rental, vacant dwelling, or secondary
dwelling.
3.2 D Definition of Occupied Rental
An occupied rental is defined as follows:
The renter will certify to having lived in the house as his/her/their primary residence as of the
date of the flood event. This definition is relevant to prioritizing the property for purposes of
Section 3.2, and not for determining eligibility for benefits.
3.2 E Definition of Vacant or Secondary Dwelling
A vacant or secondary dwelling is defined as follows:
Any dwelling not meeting the definition of an owner-occupant primary residence or an occupied
rental.
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3.2 F Definition of Vacant Lot
A vacant lot is defined as follows:
Any unimproved lot (including portions of a lot or combinations of multiple lots or parcels
described by metes and bounds) lacking the development of a principal building (dwelling). For
the purpose of the City of Waterloo HMGP Property Acquisition Project, a lot with accessory
structures only (garages or sheds) and without a principal building shall also be considered a
vacant lot. Vacant lots may be included if the vacant lots are adjacent/contiguous to a main
structure that is being acquired, regardless if the vacant lot is not included on the same deed as
the main structure. Vacant lots may also be included if the land of the lot is in different
ownership than the accessory structure(s) or the principal building. Division by road shall not
necessarily render a vacant lot to be considered non-adjacent/contiguous.
3.3 What Is To Be Acquired
The City will acquire all land and improvements associated with the properties subject to this
program. Any property that is suspected to have hazardous material after inspection will
undergo a Phase I environmental site assessment. A clean site certificate would then be needed
if the results of the Phase I ESA show contamination from hazardous materials. All clean up of
any hazardous materials will be at the sole expense of the seller.
Any owner wishing to participate in the buyout program will be required to sell all
adjacent/contiguous property under his/her ownership or in which the owner has an interest
capable of being conveyed. Accepted buyout offers must include the real estate on which
structures are located and all adjacent/contiguous land owned by the same party, including
vacant lots.
3.4 Pre-Acquisition Activities
The City shall undertake a number of activities relating to each property prior to making an offer
to purchase. Briefly,these activities are:
1. Determining pre-flood market value as described above in Section 3.1 "Valuation
Methodology for Properties to be Acquired" and preparing a schedule of property
values for all properties in the project.
2. Identifying the owners who want their property to be considered for acquisition.
3. After the property owner indicates interest in acceptance of the purchase offer, the
City will work with FEMA and the Small Business Administration (SBA) to obtain
information on the proceeds received through those agencies' programs for each
property to determine duplication of benefits. The City will also obtain a Duplication
of Benefit report from FEMA to determine deductions that must be made from the
purchase price. Flood relief payments received as compensation for flood damages to
the dwelling that cannot be shown to have been spent on flood repairs or other
purposes authorized by FEMA shall be deducted from the buyout offer.
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3.5 Timing of Offers
As promptly as possible after completion of pre-offer activities described above, the City will
make offers to purchase to willing and eligible property owners. Offers will be presented in
groups of a size that the City determines is administratively feasible, with groups of higher
priority properties proceeding first. The timing of the presentation of offers for subsequent
groups will be dependent on the timing of responses from the preceding groups.
3.6 Offer
The City will make its purchase offers in substantially the same form as used with other City
purchases of property and will include appropriate terms as provided by or required by the
participating State and Federal agencies. Important policy elements of the offer are:
1. Purchase Price: The fair market value of the property as described in section 3.1
above.
2. Deductions from Purchase Price: As applicable, insurance proceeds for real estate
damage, other public payments as determined by FEMA that represent a duplication
of payment for the real estate, property taxes due and owing, and other payments
required to clear special assessments, liens, judgments or title defects, will be paid
prior to closing or deducted at the time of closing. The City will receive individual
determinations by FEMA and SBA of the deductions or credits on FEMA and/or
SBA funds already disbursed.
3. Offer Price: The purchase price less deductions from purchase price.
4. Closing and Possession: The City will not close and take possession of a property
until the house is uninhabited by the seller(s) or tenants(s) and all personal property
has been removed from the property. The seller must vacate the property prior to
closing, or, upon approval, within seven (7) days of the closing, subject to satisfaction
of insurance and indemnity requirements stated below.
In order to accomplish this transfer of ownership and possession in a manner that does not place
the sellers or the City in a position of financial risk or other liability, a process has been
established to manage the acquisition by the City together with the move to a replacement
housing location.
After the City and the seller have executed the Offer to Purchase,the property has been inspected
as needed, notices and meetings with tenants conducted and the deed to the property has been
drafted, the closing documents will be held by the City or delivered to the closing agent to retain
until the seller has purchased a replacement dwelling or has found other accommodations within
180 days of accepting the City's offer. When the seller has scheduled the closing for the
replacement dwelling and arranged to move to that dwelling, City staff or the City's closing
agent will coordinate the closing of the transactions such that the seller will move from the
property acquired by the City concurrent with the closing. The seller must vacate the property
prior to closing, but if requested in writing prior to closing, seller will be allowed an additional
seven (7) days after the closing to vacate the property, but only if the seller provides (a) a
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certificate of insurance naming the City as an additional insured and providing for liability
insurance in the minimum amount of $500,000 and (b) an executed document on a form
acceptable to the City in which the seller agrees to indemnify, defend and hold harmless the City
in connection with any claims of injury or damage arising from seller's post-closing occupancy
of the property. The closing can occur when the title issues and other contract requirements have
been satisfied.
3.7 Offer Form
The City will present the offer to purchase in written form. An example of the form that will be
used is attached- Purchase Offer Form. Essential terms and conditions in the form include:
Property—A description of what, specifically, will be acquired.
Purchase Price—The fair market value of the property as described in section 3.1 above.
Deductions—Any deductions (or potential deductions) from the purchase price, including
but not limited to duplication of benefits.
Offer Price—The purchase price less deductions from purchase price.
Closing Date — A mutually agreed upon date by the City and the seller to close on the
property sale and purchase, or an agreed deadline by which closing must occur.
Clear Title —The seller must, at its sole expense, provide clear and marketable title to all
property interests being sold to the City's reasonable satisfaction before the closing can
occur. The seller must convey title by warranty deed. For property interests consisting
of rights in leased land, the City may also require that the seller convey title by bill of
sale.
Eligibility — The City must obtain a certification from the property owner that the
property owner is either a National of the United States or qualified alien, each as defined
by applicable federal law, before offering pre-flood market value for the property.
Expiration Date — The City will allow fourteen (14) days from the date the offer is made
for the seller to decide whether to accept. An acceptance will be deemed to occur only if
all persons having an ownership interest in a property have indicated their acceptance in
writing. The City will permit an extension of the expiration date, if requested in writing
by the owner, up to an additional fourteen (14) days. It is the intention of the City to
make as many offers as quickly as possible. Sellers will be reminded that if they do not
want to accept the offer, they must let the City know as soon as possible. Offers not
accepted by the expiration date, including approved extensions thereof, shall be
considered to have been rejected by the seller. Additional extensions or exceptions may
be approved by the City under extraordinary circumstances beyond the reasonable control
of the seller.
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Property Inspection — The seller will grant access to the City to inspect the flood
damaged property for personal property, hazardous materials, etc. that must be removed
prior to closing.
Removal of Debris — The seller agrees to remove, at their own expense, prior to closing,
all vehicles and vehicle parts, firewood, construction material debris, and other personal
property located on the site.
Relocation Outside the Floodplain — For owner-occupants and tenants, the seller is
required to purchase or rent a decent, safe and sanitary housing unit within 180 days of
acceptance of the City's offer that is located outside of Zone A, NFIP Flood Hazard map
boundaries to be eligible for Replacement Housing Benefits.
Subject to Approval of the City Council — The offer is subject to the City Council's
approval of the form of offer and the specific offer terms for each property.
3.8 Appeal Process
If, after the presentation of the offer, the seller believes the purchase price is incorrect due to
factual errors and/or the lack of additional information directly relating to the value offered, the
seller may utilize the appeal process as described below (for appeals affecting garages or
common ground in the Sans Souci neighborhood, also see Section 14.0 of this plan document):
The seller may appeal the purchase price after presentation of the City's offer to purchase
and before the expiration date of the offer to purchase. No later than the offer's
expiration date, the seller shall file a written statement of appeal, which includes the
reason for the appeal, such as factual information and any other data that supports the
reason for the appeal to increase the purchase price. The statement of appeal must be
filed with the City's planning and zoning office on the second floor of city hall, 715
Mulberry Street, Waterloo, Iowa, 50703. Sellers are advised that an appeal of a purchase
price will cause a delay in the acquisition process for a property.
Whether or not the seller is eligible to receive pre-flood value for the property, the seller
will assume the responsibility of securing an appraisal at the seller's sole expense from a
certified appraiser who is not related to the seller or seller's spouse within the third
degree of relationship by blood, adoption or marriage. Appraisals must be conducted in
accordance with Uniform Standards of Professional Appraisal Practice (USPAP), and
must have been completed after June 10, 2007. The Appeals Committee is not bound by
any appraisal or the value shown therein. Sellers are hereby advised that the submitted
appraisal and other documentation will be taken under consideration after the total project
budget expenses are known and that any offer will be subject to City Council approval.
The seller is NOT guaranteed that the appraisal price will be used to determine the
purchase price and should anticipate that the City will not exceed its total project budget.
Within 30 days of filing the written appeal statement, the seller must provide the
appraisal report to the City for review, as well as any additional information requested to
be considered in the appeal. The seller may submit a written request to the City for an
extension of time not to exceed 30 days to allow additional time necessary to secure the
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appraisal. In the case that the seller exceeds the 30-day period to obtain and submit the
appraisal, or approved extension thereof, the purchase price set forth in the original offer
will prevail. At its own expense, the City may choose to do a second (review) appraisal,
but if the price requested in an appeal exceeds 130% of the assessed value (i.e., 10%
above the purchase price of the original offer), the City will do a second (review)
appraisal. A seller involved with multiple appeals for separate properties (such as one
property with a dwelling on it and a second property that is a vacant lot or garage unit)
may either submit separate appraisals or one appraisal that gives an itemized value for
each and every separate property. If separate appraisals are used, no appraisal shall
include the value for any property interest if the value of such property interest is also
included in a different separate appraisal to be used in an appeal.
The appeal and all related documentation shall be submitted to the Appeals Committee
for review. The Appeals Committee shall consist of three individuals, including one
member from the City Council who shall be the Chair, one member from the Planning,
Programming and Zoning Commission or Board of Adjustment, and one member from
the Planning and Zoning Department staff The Mayor shall appoint the members of the
Appeals Committee and alternates. If a purchase price is appealed, the request will be set
aside for review by the Appeals Committee, and acquisitions staff will move forward
making offers to other sellers further down the priority list. When all documentation for
an appeal has been submitted, the Appeals Committee shall, at the Committee's
convenience, schedule a time at which the seller or any interested parties may be heard on
the appeal. The Appeals Committee shall take all information presented into
consideration and shall render a decision on the appeal within 30 days. The decision
shall be made in writing and mailed to all seller parties. The Appeals Committee is
charged with determining the fair market value of the property and for said purpose shall
have discretion to: (1) determine that the original purchase price is the fair market value,
(2) determine that the price requested in the appeal is the fair market value, or (3)
determine a fair market value that is between the original purchase price and the price
requested in the appeal. The Appeals Committee's determination of fair market value
shall be the final purchase price. All purchase prices to be offered are subject to approval
by the City Council.
The Appeals Committee shall also have the authority to review and decide on such other
disputes that may arise in connection with the City of Waterloo HMGP Property
Acquisition Project, which shall utilize the same process described above. The Appeals
Committee does not have authority to review or modify any duplication of benefits
determination made by a federal or state agency.
NOTE: If the City chooses to offer more than what the program funds will pay, the
portion over the allowed amount will be the responsibility of the City, to be
paid from other funding sources.
3.9 Final Offer
At the conclusion of an appeal of a purchase price, the City will present in a written offer the
final offer based on the purchase price as determined by the Appeal Committee less any
deductions. The City will allow fourteen (14) days from the date the final offer is made for the
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seller to decide whether to accept. After such time, the offer shall expire. The City will permit
an extension of the expiration date, if requested in writing by the owner and upon a showing of
extraordinary circumstances beyond the reasonable control of the owner, up to an additional
fourteen (14) days. Offers not accepted by the expiration date, including approved extensions
thereof, shall be considered to have been rejected by the seller.
3.10 Process After Offer is Accepted
If the property owner accepts the City's offer and the offer is approved by the City Council, the
parties will proceed as follows:
1. The seller will provide the City with the property abstract of title. If an abstract is not
readily available, then the City will obtain a new 40-year abstract. All abstracting
will be at the expense of the City.
2. The City will review county records for property line discrepancies. It necessary a
"mortgage"property survey will be ordered.
3. The City or an escrow agent that will function as the program's closing agent will be
responsible for ordering the abstract work, issuing a title opinion,transmitting the title
opinion to the property owner and providing sample forms of affidavits and releases.
Upon receipt of the necessary title-clearing documents from the seller, the City or
escrow agent will prepare a closing statement utilizing the HUD-1 Settlement
Statement Form and other necessary closing documents, and will set up the closing.
The City will undertake the required property inspections and prepare appropriate
requisitions.
4. The City or escrow agent will not close the transaction and the City will not take title
to the subject property until the property owner has found a replacement property,
obtained an accepted offer on that property, is ready to close and take possession of
that replacement property, and has removed all personal property from the flood-
damaged property. The intention for this process is that the City wishes to arrange to
take title to the flood damaged properties when the owner is ready to vacate and take
possession of their chosen replacement property. Any personal property or fixtures
left on the property after the seller has vacated the property, but within 14 days of the
closing, will be deemed abandoned by the seller and will become the sole property of
the City, without further consideration.
3.11 Process if Offer is Rejected
If the property owner rejects the City's offer, or negotiations are otherwise terminated after
expiration of an offer, the property owner's file will be closed and the property will no longer be
eligible for inclusion in the Hazard Mitigation Grant Program for DR-1763. All funds targeted
for the acquisition of the property will be "de-obligated" and redirected for other eligible grant
program costs.
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4.0 Acquisition Staff
The acquisition staff will present the offer in person or by mail and will be available to answer
questions. After the offer is made, the Notice of Relocation Eligibility will be presented and City
staff will inspect the property.
5.0 Contract Services
The City shall hire a number of services to be performed on a contractual basis to assist in the
acquisition program. The services to be contracted for, or that may be contracted for, include:
1. Title certificate and abstracts
2. Appraisals
3. Mortgage property surveys, if required, and/or property encroachment studies
4. Title opinions
5. Acquisition agent
6. Escrow agent/ Closing agent
7. Historical intensive level surveys, if required
8. Demolition and debris removal, including asbestos surveys and abatements, and
monitoring
9. Relocation assistance
6.0 Debarred and Suspended Vendors
Services will be procured in accordance with the Code of Iowa and the City's policies, as
approved by the City Council. Contracts, bid documents, specifications and requests for
proposals will be submitted for HSEMD and FEMA approval prior to beginning procurement
activities. No contract will be awarded to a debarred or suspended vendor in accordance with 44
CFR § 13.35.
7.0 Property Management
7.1 Summary
The City will undertake certain property management activities upon the acquisition of those
voluntary-participating, flood-damaged properties that the owners choose to sell. It is the
intention of the City to minimize its costs and risks in managing the properties when acquired.
7.2 Inspections
The form of the Offer to Purchase provides that the City will have the right to inspect the
premises once the seller accepts the offer. The purpose of the inspection is to determine if there
are any hazardous materials on site, serious safety risks or unique fixtures to the property that the
City would need to deal with upon its acquisition.
A further requirement of the Offer to Purchase provides that the seller agrees to remove from the
property, at their own expense and prior to closing, all vehicles, wood, construction materials,
debris and personal property. The purpose of this provision is to ensure that the City is not
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burdened with the cost and risk of injury or expense of removal of the abandoned personal
property.
7.3 Salvage
The City retains the right to sell part or all of the structure, including component parts thereof,
following transfer of title from the owner and prior to demolition, including the right to enter
salvage contracts with third parties. Revenue from salvage will be considered program income
and treated accordingly. Remaining salvage rights will be awarded to the demolition contractor.
7.4 Demolition
The City will comply with the "Public Assistance Demolition Guide" that was provided by
HSEMD for demolition completion. All acquired property will be returned to and maintained as
greenspace. The City will manage the acquired land in accordance with 44 CFR § 80.19(b).
7.5 Program Close-Out
Once the owners of all eligible properties have been contacted and acquisitions have either been
completed or declined, a review of the files will be completed by staff following the clearing of
all structures and fixtures from the acquired properties. Any program revisions that may have
occurred will be noted in the Administrative Plan and all files will be kept in accordance with the
City's standard file policies and procedures. The City will coordinate a final project and grant
closeout meeting with HSEMD. At completion of the grant activities, the City shall provide the
following to FEMA through HSEMD:
• A photograph of the property site after project implementation
• A copy of the recorded deed and attached deed restrictions
• Latitude and longitude coordinates for each property
8.0 Relocation Assistance
8.1 Overview
The Relocation Assistance portion of this document will describe the City's provision of
relocation assistance for the properties that are purchased. Benefits will be made available as
described below.
8.2 Funding Sources
The City will be utilizing federal, state, and local funding in order to provide relocation benefits
for properties that are actually acquired.
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8.3 Relocation Assistance Program for Owner-Occupants
The voluntary nature of this program does not obligate the City to provide relocation benefits.
However, the City has opted to provide relocation benefits to owner-occupants of a primary
residence who accept the City's offer to purchase their flood damaged residential property.
These benefits will help the owner-occupants secure replacement housing. It is anticipated that
almost all owner-occupants will be able to use the relocation assistance as a major source of
funds to purchase decent, safe and sanitary replacement housing outside of a 100-year special
flood hazard area.
1. Eligibility — Owner-Occupants: In order to be eligible for owner-occupant benefits,
the owner-occupant must:
a. Accept the City's offer to purchase their primary residence.
b. Meet the definition of owner-occupant.
c. Purchase or rent a decent, safe and sanitary housing unit within 180 days of
acceptance of the City's offer that is located outside of Zone A, NFIP Flood
Hazard map boundaries.
2. Determination of Benefits: The City will provide two types of relocation benefits for
owner-occupants: a Replacement Housing Benefit Payment and a Moving Expense
Payment. The Replacement Housing Benefit is for the purchase or rental of a unit. A
Notice of Relocation Eligibility explaining the specific benefits to the owner-
occupant will be provided by the relocation staff after the City's offer to purchase the
flood damaged property is presented. The seller will be asked to sign a receipt for the
Notice. The Notice will contain a "180 Day Eligibility Provision" notifying the
owner of the expiration date of the Replacement Housing Benefit.
3. Replacement Housing Payment/Purchase: The City will make a Replacement
Housing Benefit Payment based on the owner-occupant's purchase or rental of
qualifying replacement housing which is decent, safe and sanitary within 180 days
from the owner-occupant's acceptance of the City's offer to purchase the flood
damaged property. The payment amount of the Replacement Housing Benefit cannot
exceed $10,000, and the specific amount is based on need as stated in paragraph 6
below.
4. Timing of Release of Replacement Housing Benefit Payment: The payment will be
released only after the closing on the property the City is purchasing from the owner-
occupant and at the closing on the replacement house or, in lieu of a purchase of
replacement housing, after the owner-occupant has entered into a written lease
agreement for rental of replacement housing. If a replacement unit is not secured
within 180 days of the owner-occupant's acceptance of the City's offer to purchase
the flood damaged structure, the relocation money will be de-obligated and made
available for additional acquisitions. The owner-occupant may request an extension
of the 180-day period to the relocation staff if he/she can show good reason as to why
replacement housing has not been secured. Approval of extensions will be at the
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discretion of the relocation staff if enough time remains before the buyout project is
closed out. A request for such an extension must be sent in writing to the City's
relocation staff within the 180-day period following acceptance of the purchase offer.
5. Purchase of Replacement Housing Unit Before the City Makes Offer to Purchase: If
an owner-occupant purchases replacement housing before the City makes its offer,
the purchase is at the owner's risk. If the City then makes its offer to purchase the
flood damaged property and the owner accepts, the replacement unit previously
purchased must be outside of a 100-year special flood hazard area and pass a decent,
safe and sanitary inspection to qualify for the Replacement Housing Benefit.
Adjustments to the Replacement Housing Benefit, as described below, will be made
as required.
The Replacement Housing Benefit Payment will be made at the closing of the City's
purchase and upon submission of a deed or other evidence acceptable to the City of
the amount paid for the replacement housing unit.
6. Adjustments to the Replacement Housing Benefit Payment: If the replacement
housing unit costs less than the combined total of the City's purchase price (before
any deductions) and the Replacement Housing Benefit, the City will reduce the
Replacement Housing Benefit so that the total of the City's purchase price and the
Replacement Housing Benefit does not exceed the cost of the replacement housing
unit. If the cost of that unit is less than the City's purchase price of the flood-
damaged structure, the Replacement Housing Benefit will not be paid. For the
purpose of computing a Replacement Housing Benefit payment, the cost of a
replacement rental unit is calculated as the monthly rental fee times 42 months.
For instance, the owner-occupant receives $30,000 as the purchase price of the flood
damaged property (before any deductions) and qualifies for the $10,000 Relocation
Housing Benefit Payment for a total of$40,000. The owner-occupant then purchases
a replacement housing unit for $38,000; the City will provide $8,000 as the
Relocation Housing Benefit Payment. If the replacement housing unit cost was
$30,000 (the City's purchase price for the flood damaged property) or less, the
owner-occupant would not receive a Replacement Housing Benefit. The owner-
occupant would still be eligible to receive the Moving Expense Benefit.
If the replacement housing unit costs less than the purchase price plus the
Replacement Housing Benefit, but requires repairs to make it decent, safe and
sanitary, the City will let the owner-occupant use the balance of the benefit, up to the
actual or estimated cost of repairs to have those specific repairs completed.
If the maximum Replacement Housing Benefit is not required to purchase the
replacement dwelling selected by the displaced person, certain costs can be
considered as part of the replacement unit's purchase price, for the purposes of this
program only, when calculating the Replacement Housing Benefit payment. Eligible
costs are those costs necessary to correct decent, safe and sanitary deficiencies and to
make the replacement dwelling more comparable and functionally similar to the flood
damaged unit the City is acquiring. Eligible examples of those items to make the
Waterloo HMGP Acquisition Administrative Plan Page 13 of 17
replacement dwelling more comparable and functionally similar are a garage, an extra
bathroom and handicapped accessibility that existed in the former dwelling.
Excluded are the costs of a cosmetic nature, including general remodeling, carpeting,
"updating", siding, window treatments and other items. The displaced person must
provide satisfactory evidence of the construction costs of the functionally similar
item(s) and a construction schedule which must be approved before the funds can be
authorized for release.
7. Mobile Homes: The owner-occupant may purchase a mobile home and qualify for the
Replacement Housing Benefit provided that the unit is decent, safe and sanitary. If
the purchase price is less than the combined total of the City's purchase price for the
flood damaged structure (before any deductions) and Replacement Housing Benefit,
the City will reduce the Replacement Housing Benefit so that the total of the City's
purchase price and the Replacement Housing Benefit does not exceed the actual
purchase price of the mobile home and lot. See the adjustment example set forth in
paragraph 6 above.
If the mobile home lot is rented, the City will make a Replacement Housing Benefit
payment that is up to the sum of (a) the lesser of actual lot rent for 42 months or
$3,000, and (b) the cost of the mobile home. The total Replacement Housing Benefit
paid for a mobile home and lot, whether purchased or rented, will not exceed
$10,000.
8. Payment After Death: If an owner-occupant dies before receiving payment of a
relocation benefit, the City will pay the approved benefit to a surviving spouse who
was also an owner-occupant, otherwise to the heirs or assigns of the decedent, if the
other family members were living in the flood damaged unit as of the date of the
flood event and if they will occupy the replacement housing unit. The purchase or
lease agreement on the replacement housing unit must have been accepted if the
closing has not yet occurred. A moving expense payment will be made if there is
personal property to be moved from the flood damaged structure.
9. Decent, Safe and Sanitary Standard: All owner-occupants receiving the Replacement
Housing Benefit must relocate to housing units that are decent, safe and sanitary. The
decent, safe and sanitary standard is similar to HUD Housing Quality Standards.
The decent, safe and sanitary inspection is performed for program compliance
purposes only and is not a certification or guarantee of the house's condition or of its
major systems (such as heating, plumbing and electrical) that is intended for the
benefit of the owner-occupant or other occupants. A qualified individual will inspect
the items that are specifically listed in federal regulations at 49 CFR, Part 24.
After the owner-occupant has an accepted purchase agreement for the housing
replacement unit and has received the City's offer to purchase the flood damaged
property, he/she is to call the grant administrator staff to schedule the decent, safe and
sanitary inspection. The owner-occupant will also provide the name and phone
number of the person who can provide access to the property.
Waterloo HMGP Acquisition Administrative Plan Page 14 of 17
It may take several days for the actual inspection to take place. If the house is located
outside the area, it will be necessary for the City to work with the nearest local public
agency to schedule an inspection.
When the decent, safe and sanitary inspection is made of the replacement housing
unit, the inspector will provide a list of items that are violations. Many of the
violations can be solved quickly and inexpensively and should not cause the sale to be
lost. Common problems are missing hand rails, improperly vented water heaters,
missing light switch cover plates and water heater drip legs, copper gas lines and
exposed wiring. It is the responsibility of the buyer and seller to reach an agreement
as to who pays for the required repairs.
10. Moving Expense Payment: In addition, the City will pay up to $850 as a Moving
Expense Payment when the owner-occupant moves into a replacement housing unit.
Provided that the owner-occupant meets the eligibility criteria set forth in the URA,
the payment amount will be based on the URA Fixed Residential Moving Cost
Schedule 2008.
8.4 Relocation Assistance Program for Tenants
The City will provide relocation assistance in conformance with the URA in concert with the
Robert T. Stafford Disaster Relief Act of 1974 provisions for tenants of the flood damaged
property. The tenants of the flood damaged property are considered to be involuntarily displaced
when the City accepts an offer to purchase the flood damaged property. Accordingly, the City
will award tenant relocation benefits for eligible tenants in accordance with the URA regulations.
1. Eligibility: To be eligible for the Tenant Residential Relocation Benefits, the tenant
must:
a. Have been, as of the date of initiation of negotiations, a legal residential
occupant of the flood damaged property for which the City Council has approved
acceptance of the purchase offer.
b. The tenant can prove evidence of the tenancy for a minimum of 90 days prior to
the initiation of negotiations.
c. Purchase or rent a decent, safe and sanitary replacement housing unit that is
located outside of Zone A on NFIP Flood Hazard maps.
2. Determination of Benefits: The relocation staff will determine benefits in accordance
with the URA and funding source requirements, which will not exceed $5,250 (unless
housing of last resort provisions are utilized if approved by FEMA Region VII).
3. Replacement Housing Requirements: All tenants receiving the Replacement Housing
Benefit must relocate to housing units that are decent, safe and sanitary that are
located outside of Zone A on NFIP Flood Hazard maps.
The decent, safe and sanitary inspection is performed for program compliance
purposes only and is not a certification or guarantee of the housing unit's condition or
of its major systems (such as heating, plumbing and electrical) that is intended for the
Waterloo HMGP Acquisition Administrative Plan Page 15 of 17
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benefit of the tenant. A qualified individual will inspect, at minimum, the items that
are specifically listed in federal regulations (49 CFR, Part 24).
4. Moving Expenses: In addition, eligible tenants are entitled to reimbursement for
moving expenses according to the URA as described in the "Relocation Assistance
and Advisory Services"pamphlet.
5. Notice to Vacate: No lawful occupant shall be required to move unless he or she has
received at least 90 days advance written notice of the earliest date by which he or she
may be required to move.
8.5 Relocation Staff Assistance
For the owner-occupants participating in the voluntary acquisition program, the relocation staff
will present the Notice of Relocation Eligibility in person or by mail after the City's offer to
purchase is made. Relocation staff will work with identified tenants if and when investor-owners
of residential properties accept offers to purchase made by the City. Relocation staff will present
the "Relocation Assistance and Advisory Services" pamphlet in person or in the mail.
Relocation staff will be available to answer questions at that time in person and on a phone basis,
as needed.
9.0 Post-Settlement Transfer of Property Interest
The transfer of an acquired property interest by the City will only be considered if the transferee
meets the requirements stated in 44 CFR § 80.19(b). After acquiring the property interest, the
City (including successors in interest) shall convey any interest in the property only if the FEMA
Region VII Regional Administrator, through the State of Iowa, gives prior written approval of
the transfer and the transferee.
The transferee must be another public entity or a qualified conservation organization. A
qualified conservation organization means an organization with a conservation purpose where
the organization maintained that status for at least 2 years prior to the opening of the grant
application period that resulted in the transfer of the property interest to the City, pursuant to
§170(h) (3) and (4) of the Internal Revenue Code of 1986, as amended, and the applicable
implementing regulations. The transferee must document its status as a qualified conservation
organization, where applicable. Any request to convey any interest in the property must include
a signed statement from the proposed transferee that it acknowledges and agrees to be bound by
the terms of the original mitigation grant conveyance, 44 CFR Part 80 and Hazard Mitigation
Grant Program programmatic guidance, and must reference and incorporate the original deed
restrictions providing the notice of conditions. The statement must also incorporate a provision
for the property interest to revert to the City or State in the event that the transferee ceases to
exist or loses its eligible status as defined in 44 CFR § 80.19.
10.0 Monitoring Reporting and Inspection
HSEMD and the City will work together to ensure that the property is maintained in accordance
with land use regulations. Every 3 years, the City must submit documentation to the FEMA
Region VII Regional Administrator, through the State of Iowa, certifying that the City has
Waterloo HMGP Acquisition Administrative Plan Page 16 of 17
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inspected the property within the month preceding the report and that the property continues to
be maintained consistent with the provisions of the grant. The State, FEMA and the City have the
right to enter the parcel, with notice, in order to inspect the property to ensure compliance with
land use regulations.
11.0 Future Federal Benefits
After settlement of the property acquisition transaction, no disaster assistance for any property
from any Federal entity may be sought or provided with respect to the property, and no flood
insurance benefits for that property for claims related to damage occurring after the date of the
settlement will be sought or provided.
12.0 Changes to the Budget or Scope of Work
Any changes to the budget or scope of work will be accomplished in compliance with 44 CFR §
13.30, with requests made by the grant administrator.
13.0 Records Retention and Audit Requirements
Records will be maintained for a minimum of three years from the date that HSEMD provides
written notification to the City that the grant has been closed. Records retention must comply
with 44 CFR § 13.26. Audit requirements will be in accordance with the Single Audit Act
Amendments of 1996 and OMB Circular A-133 (provisions of June 1997).
14.0 Sans Souci Garages on Leased Land
The City of Waterloo Hazard Mitigation Grant Program Property Acquisition Project
Application includes a unique ownership situation in the Sans Souci neighborhood. The Sans
Souci neighborhood consists of an island in the floodway of the Cedar River with a subdivision
consisting of twenty single-family dwellings on lots, each individually owned. Each of the
individual owners also owns an undivided interest in Sans Souci Association Inc. (SSA), which
in turn owns a large portion of the island as "common ground" for the use and enjoyment of its
members. A 5-acre parcel of common ground owned by SSA has multiple garage units located
on it. Fourteen of these garage units are individually owned as buildings on leased land, and the
remaining units are titled in SSA. The fourteen garage units are separately assessed and taxed to
their individual owners. The HMGP requires that property be acquired by warranty deed, free
and clear of any encumbrances, and that all structures on the property must be removed and the
property maintained as greenspace. Therefore, for any of the Sans Souci garage units or the
common ground parcel to be eligible for purchase through HMGP, 100% participation will be
required by each and every garage unit owner and SSA. If any of these individuals or SSA does
not accept the final acquisition offer, then none of these individuals or SSA will be eligible for
purchase through HMGP. To ensure 100% participation, the City will require that the property
interests be acquired simultaneously as part of a joint closing. The City will consider an appeal
by any of the individual garage unit owners or SSA as an appeal by all, and an appeal shall not
be accepted or processed unless an acceptable appraisal(s) is submitted in the form of(1) a single
appraisal that gives an itemized value for each and every garage unit and the 5-acre parcel, or (2)
a combination of appraisals that together gives an itemized value for each and every garage unit
and the 5-acre parcel.
Waterloo HMGP Acquisition Administrative Plan Page 17 of 17
CERTIFICATE
I, Nancy Eckert, City Clerk of the City of Waterloo, Iowa, do hereby certify that the
preceding is a true and complete copy of the Waterloo Administrative Plan for the Hazard
Mitigation Grant Program (HMGP) 1763 Structural Acquisition Program as adopted by the
Waterloo City Council on August 3, 2009.
Witness my hand and seal of office this 4th day of August 2009.
Nanc Eck t ity Clerk