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55B - AA FOR RESO RELOCATION PLAN FOR WARNER AVE
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02/18/2020
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55B - AA FOR RESO RELOCATION PLAN FOR WARNER AVE
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2/13/2020 5:05:04 PM
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2/13/2020 4:58:08 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
55B
Date
2/18/2020
Destruction Year
2025
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for a low cost or uncomplicated move maybe based on a single bid or estimate. <br />3. A Fixed Payment in Lieu of a Payment for Actual Reasonable Moving and <br />Related Expenses <br />The option to claim a fixed payment enables for -profit and non-profit businesses to receive <br />relocation assistance compensation without providing documentation of bids and actual <br />expenses. The payment amount available to any individual business is based on an average of <br />annual net earnings over a two-year period. For businesses that have not been in operation for <br />two years, income figures can be annualized. The method for establishing income is through tax <br />returns and/or certified financial statements. The payment to an eligible business may not be less <br />than $i,000, or more than $20,000. <br />To qualify for this payment, it must be determined that, a displaced business: <br />• Owns or rents personal property, which must be moved in connection with such <br />displacement and for which an expense would be incurred in such move; <br />• Is not operated at the displacement site solely for the purpose of renting the dwelling or <br />the site to others; <br />• Cannot be a part of a commercial enterprise having at least three other establishments <br />which are not being acquired by the City, and which is under the same ownership and <br />engaged in the same or similar business activities; <br />• Must not be able to relocate without substantial loss of patronage; and <br />• Contributed materially, as defined by the City, to the income of the displaced person <br />during the two taxable years priorto the displacement. <br />When a fixed payment would precede settlement of a claim for compensation for loss of goodwill <br />under the Eminent Domain Law, the City, before tendering payment, shall state in writing what <br />portion of the payment, if any, is considered to be compensation for loss of goodwill and shall <br />explain in writing that any payment made pursuant to Code of Civil Procedure, §1263.510 et seq. <br />(the Eminent Domain Law, Chapter g, Article 6 -"Compensation for Loss of Goodwill') would be <br />reduced in the same amount. The portion considered to be compensation for loss of goodwill <br />shall not exceed the difference between the fixed payment made and an amount which <br />reasonably approximates the payments for which the displaced person otherwise would be <br />eligible to receive as outlined in Section IV.F.i, above. <br />G. General Information Regarding the Payment of Relocation Benefits <br />Claims and supporting documentation for relocation benefits must be filed with the City no later <br />than 18 months after: <br />• For tenants, the date of displacement; or <br />• For owners, the date of displacement or the date on which final payment for the <br />acquisition of real property is made, whichever is later. <br />The procedure for the preparation and filing of claims and the processing and delivery of <br />payments would be as follows: <br />i. Claimant(s) would provide all necessary documentation to substantiate eligibility for <br />20 <br />55B-31 <br />
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