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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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4 - PAYMENTS IN LIEU OF MOVING <br /> AND RELATED EXPENSES <br /> <br />4.1 Dwellings - schedules. <br /> <br /> a. Section 7262(b) provides that at the option of the dis- <br />placed person he may receive a moving expense allowance not to <br />exceed $300 based on schedules established by each agency head. <br />Moving allowance schedules maintained by the State Highway Depart- <br />ment should be used as the basis for the agency's schedules. In <br />addition, a displaced person shall receive a dislocation allowance <br />of $200. <br /> <br /> b, A displaced person, who elects to receive a payment <br />based on a schedule, shall be paid under the schedule used in <br />the jurisdiction in which the displacement occurs regardless of <br />where he relocates. <br /> <br />4.2 Businesses - eligibility. <br /> <br /> a. A person displaced from his business, as defined in <br />Section 7260(d) is eligible under Section 7262(c) to receive a <br />fixed payment in lieu of moving and related expenses. Care must <br />be exercised, in each instance, however, to assure that such pay- <br />ments are made only in connection with a bona fide business. The <br />public agency responsible for the program or project causing dis- <br />~lacement shall, by regulation, prescribe appropriate criteria for <br />a determination that a given activity does, in fact, constitute a <br />bona fide business. <br /> <br /> b. Those businesses described in Section 7260(4) are not <br />eligible under Section 7262(c) for a payment in lieu of moving <br />and related expenses. <br /> <br /> c. Where a displaced person is displaced from his place of <br />business, no payment shall be made under Section 7262(c) until <br />after the head of the displacing agency determines (1) that the <br />business is not part of a commercial enterprise having at least <br />one other establishment not being acquired, which is engaged in <br />the same or similar business, and (2) that the business cannot <br />be relocated without a substantial loss of existing patronage. <br />The determination of loss of existing patronage shall be made by <br />the displacing agency only after consideration of all pertinent <br />circumstances, including but not limited to, the following factors: <br /> <br /> (1) The type of business conducted by the displaced <br />concern. <br /> <br /> (2) The nature of the clientele of the displaced <br />concern. <br /> <br />II- 11 <br /> <br /> <br />
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