§ 2-906. Same—Business.

A displaced business which meets the eligibility requirements of section 2-902 hereof shall receive a relocation assistance payment in an amount not to exceed actual reasonable moving expenses. As used herein, actual reasonable moving expenses shall be the lesser of (i) the total expenses allowable to the displaced business under subsections 2-906(1), (2), (3), (4) and (5) or (ii) the "maximum allowable expense", as determined in accordance with subsection 2-906(6) hereof.

(1)

Displaced businesses may receive actual reasonable moving expenses incurred in physically transporting the furniture, trade fixtures, equipment and/or other personal property which is owned or otherwise used by the displaced business, as determined by:

a.

Receipted bill or statement from a commercial mover if the cost does not exceed $300.00; or

b.

If the cost exceeds $300.00, a receipted bill or statement from a licensed commercial mover for an amount not exceeding the lowest of three bids, to be secured by the business owner; or

c.

In the case of a self-move by the business owner(s), an amount not to exceed the lowest of three commercial bids to be secured by the owner, less 25 percent.

(2)

Eligible small businesses may receive reestablishment expenses as follows:

a.

For purposes of this section, a "small business" is any business or nonprofit organization that has at least one individual (employee or business owner), but not more than 50 employees and owners. An otherwise eligible part-time business in a displacement dwelling shall not be treated as a "small business" under this section unless the displaced person provides adequate documentation that the business contributes significantly to the household's income.

b.

A displaced "small business" is eligible for a payment not to exceed $5,000.00 for expenses actually incurred in reestablishing its business operations at the replacement site, including:

1.

Repairs or improvements to the replacement real property to redecorate or replace worn or soiled surfaces, such as paint, paneling or carpeting.

2.

Feasibility surveys, professional services, advertising the replacement location, licenses, fees, or permits.

3.

Provision of utilities from the right-of-way to improvements on the replacement site.

4.

Searching expenses and other reestablishment expenses determined by the relocation officer to be essential to the reestablishment of the business.

(3)

Displaced businesses may receive actual reasonable moving expenses incurred in disconnecting and reconnecting any item of furniture, fixture, equipment, or other personal property in connection with a relocation. It is the obligation of the condemning authority to pay only the direct costs associated with the disconnecting of such items. It shall be the responsibility of the displaced business to pay any costs necessary to prepare the new location to accept such relocated items, with such responsibility of the displaced person to include, but not be limited to, paying any costs necessary to make such new location comply with applicable building codes. For example, the condemning authority will pay to connect appliances to existing electrical service, but will not pay to establish new electric service to the building or to improve, upgrade or renovate existing electric service.

(4)

A displaced business which owns an advertising sign located on the property being condemned and which is otherwise eligible to receive a payment for actual reasonable moving expense, may be paid the lesser of (i) sign moving costs or (ii) sign replacement costs. "Sign moving costs" shall include the actual reasonable cost of dismantling, moving, reinstallation, and re-lettering of the sign to make necessary changes in address in order to move the sign to the new business location (provided, however, that in no event shall the total of the reimbursable cost of such physical changes exceed $5,000.00), phone number, et cetera, and the cost of physical changes required by law or ordinance. "Sign replacement costs" shall mean the depreciated reproduction cost of the sign as determined by a qualified appraiser. An advertising sign that is otherwise eligible for moving payments hereunder will not be eligible when it is moved to or from a site in violation of state, federal, or local laws and ordinances.

(5)

At the discretion of the relocation officer, the following items may also be reimbursable costs for displaced businesses:

1.

Storage. A relocation assistance payment for moving expenses may include actual reasonable storage costs (dead storage) incurred by a business concern for a period not to exceed six months, if as determined by the condemning authority, storage is necessary in connection with relocation of the displaced business.

2.

Estimates or bids. Reasonable cause which may be necessary in obtaining the required bids or estimates for moving expenses, may be reimbursed, provided prior approval is obtained from the condemning authority.

3.

Any other reasonable costs directly related to the relocation of a displaced person or business as may be determined appropriate by the condemning authority.

(6)

Notwithstanding any other provisions of this section 2-908 or of this policy, in no event shall the total relocation assistance payments which are paid in connection with the relocation of any business exceed the "maximum allowable expense," which for purposes of this policy shall mean the fair market value on the date of taking of all furniture, trade fixtures, equipment and other personal property which is eligible for relocation under this policy.

(Ord. No. O-98-8-101, § 7, 8-24-98)