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74-003
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Last modified
1/3/2012 12:34:52 PM
Creation date
6/26/2003 10:46:47 AM
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City Clerk
Doc Type
Resolution
Doc #
74-3
Date
1/7/1974
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(3) Actual and reasonable expenses in searching for a replacement business or farm. <br /> <br /> (b) Any displaced person who moves from a dwelling who elects to accept payments <br />authorized by this subdivision in lieu of the payments authorized by subdivision (a) <br />shall receive a moving expense allowance, determined according to a schedule established <br />by the public entity, not to exceed three hundred dollars ($300), and in addition a <br />dislocation allowance of two hundred dollars ($200). <br /> <br /> (c) Any displaced person who moves or discontinues his business or farm operation <br />who elects to accept the payment authorized by this subdivision in lieu of the payment <br />authorized by subdivision (a), shall receive a fixed relocation payment in an amount <br />equal to the average annual net earnings of the business or farm operation, except <br />that such payment shall not be less than two thousand five hundred dollars ($2,500) nor <br />more than ten thousand dolalrs ($10,000). In the case of a business, no payment shall <br />be made under this subdivision, unless the public entity is satisfied that the business <br />cannot be relocated without a substantial loss of patronage and is not a part of a <br />commercial enterprise having at least one other establishment not being acquired, which <br />is engaged in the same or similar business. For purposes of this subdivision, the term <br />"average annual net earnings" means one-half of any net earnings of the business, or <br />farm operation, before federal, state, and local income taxes, during the two taxable <br />years immediately preceeding the taxable year in which such business or farm operation <br />moves from the real property being acquired, or during such other period as the public <br />entity determines to be more equitable for establishing such earnings, and includes any <br />compensation paid by the business or farm operation to the owner, his spouse, or his <br />dependents during such two-year or such other period. To be eligible for the payment <br />authorized by this subdivision, the business or farm operation shall make available <br />its state income tax records, and its financial statements and accounting records, and <br />for audit for confidential use to determine the payment authorized by this subdivision. <br />In the case of an outdoor advertising display, the payment shall be limited to the <br />amount necessary to physically move or replace such display. <br /> <br /> (d) Whenever the acquisition of real property used for a business or farm opera- <br />tion causes the person conducting the business or farm operation to move from other <br />real property, or to move his personal property from other real property, such person <br />shall receive payments for moving and related expenses under subdivision (a) or (b) <br />and relocation advisory assistance under Section 7261 for moving from such other <br />property. <br /> <br />Sec. 7263. Additional payment to displaced dwelling owner; amount <br /> <br /> (a) In addition to the payments required by Section 7262, the public entity, as <br />part of the cost of acquisition, shall make a payment to the owner of real property <br />acquired for public use which is improved with a dwelling actually owned and occupied <br />by the owner for not less than 180 days prior to the initiation of negotiation for the <br />acquisition of such property. <br /> <br /> (b) Such payment, not to exceed fifteen thousand dollars ($15,000), shall be <br />based on the following factors: <br />(1) The amount, if any, which, when added to the acquisition payment, equals the <br />reasonable cost of a comparable replacement dwelling determined, in accordance with <br />standards established by the public entity, to be a decent, safe and sanitary dwelling <br /> <br />I-5 <br /> <br /> <br />
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