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CCDA Resolution No. 89-01 CITY CENTER DEVELOPMENT AGENCY CITY OF TIGARD, OREGON RESOLUTION NO. 69--Q C•CD19 A RESOLUTION OF THE TIGARD CITY CENTER DEVELOPMENT AGENCY ACCEPTING TFE CITY CENTER DEVELOPMENT RELOCATION REGULATIONS DRAFT AND RELEASING THE DOCUMENTS FOR PUBLIC REVIEW. WHEREAS, on June 12,, 1989, the City Council accepted the City Center nevelopment Plan and Report through adoption of Resolution No. 89-45, and WHEREAS, the City Center Development Plan requires that prior to acquisition of any specific property by the Agency, the Agency prepare, adopt and maintain a Property Acquisitions Policy which sets forth the property acquiaitior Program and procedures; and WHEREAA3, the attached Draft Relocation Regulations have been prepared in compliance with state, federal and local laws and ordinances. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: Section Is Tne Tigard City Council accepts the City Center Development Relocation Regulations Draft dated July 10, 1489 and directs staff to release the documents for public review. PASSED. This ebb day of Mayor - ty of Tigard ATTEST. .. Derry City Recorder - Cityof Tigard CCPD.ln x' RESOLUTION NO. 83--Pj LC vA RELOCHION REGULATIONS CITY CENTER DEVELOPMENT AGENCYi July 10, 1989 CITY CENTER DEVELOPMENT AGENCY RELOCATION REGULATIONS TABLE OF CONTENTS p. 2 1.0 INTRODUCTION P. 3 2.0 DEFINITIONS 3.0 CLAIMS FOR PAYMENT - GENERAL P. l+ 4.0 RESIDENTIAL RELOCATION PAYMENTS P. 5 P. 5.0 BUSINESS RELOCATION PAYMENTS - GENERAL 6 P. 6 5.1 Eligibility 5.2 Notification of Intent to Move P. 6 6.0 BUSINESS MOVING AND RELATED EXPENSES P. 7 Actual Reasonable Moving Expenses P. 7 6.1 6,2 Moving Expenses-Eligible Expenditures P. 7 6.3 Moving Expenses-Ineligible EXpenditures P. 8 5.4 Limitation on Moving Costs P. 9 P. 9 6,5 Storage Costs 6,6 Installation of Relocated Machinery, p 10 Equipment, or Other Personal Property 6,7 Substitute Equipment P_ 12 P. 13 6.E Self-Move 6.4 Searching For a Replacement Location P. 14 6,10 Sid Requirements P. 15 6.23 Actual Direct Loss of Property P. 17 7.0 SUS Ti+IESS 11EESTABLi5ffi`IENT E.F_PEIcS E& P. 21 8.0 FIY.ED PAYMENT FOR MOVING EXPENSES P_ 23 July 10, 1959 1 REGULATIONS GOVERNING RELOCATION PAYMENTS 1.0 TNTRODUCTTON 1.1 Purpose. These regulations constitute the policies and requirements of the Development Agency with respect to making relocation payments. 1.2 Persons who are to be displaced are encouraged to contact or visit the Agency office. The regular Agency o-ffice hours are 8:00 a.m. to 5:00 p.m., Monday through Friday; and, by arrangement, appointments can be made at other than regular office hours. The Development Agency is eager to consult with those expected to be displaced. 1.3 These regulations are intended to comply with the requirements of Oregon State Law ORS 281.045 to 281.105 governing relocation assistance to displaced persons. RELOCATION REGULATIONS — 2 2 D nFFINITxQNS 2.1 misplaced Person. A displaced person is defined as: Any person_ who moves or is required to move his or her residence and personal property incident thereto, or his or her business or farm operation and personal property incident thereto as a result of: 2.1.1 Acquisition of real property in whole or ir: part, by the Development Agency , or 2.1.2 The receipt of a written order by such a person from the Development Agency to vacate the property for public use. 2.2 Business. A business is defined as any lawful activity, conducted primarily: 2.2.1 For the purchase, sale, lease or rental of personal and real property, and for the manufacture, processing or marketing of products, commodities or any other personal property including farming; but not including outdoor advertising displays; or 2.2.2 For the sale of services to the public; or 2.2.3 By a:nonprofit organization. 2.-3 Number of Businesses. Separate legal entities may actually constitute only one business for purpoacs of relocation payments. In determining the number of businesses, the factors listed in Section 8.3.2 will be considered. 2.4 Family. A family is defined as two or mere individuals who by blood, marriage, adoption or mutual consent live together as a family unit. 2.5 agency or Development Atlenev means the City Center Development Agency which, in accordance with provisions of Ch<pter 457 of the Oregon Revised Statutes, is the designated Renewal Agency of the City of Tigard. L' RELOCATION REL;ULATIONS — 3 z 0 CLAIMS FOR PAYMENT - GFNERAL 3.1 Time Limit for Submission of Claim_ Any claim for a payment shall be submitted ro the Development Agency within 12 months atter displacement of the claimant. Displacement occurs upon complete vacation of the premises acquired. _ 3.2 Documentarian. Any claim for a relocation payment shall be supported by such documentation as may be reasonably required by rhe Development Agency to support expenses incurred, such as bids, bills, certified prices, appraisals, or other evidence of such expenses. 3.3 .ova.,�ecui r.eA. No payments will be made until the displaced person has completely vacated from rhe prewises acquired. The premises must be left in broom clean condition, with the exception of equipment required Co be left by Section 6.7 or 6.11, or otherwise acquired by the Development Agency . 3.4 Ila zerdous Substances. If any substances declared to be hazardous or toxic under any law or regulation by any governmental authority were stored, deposited, spilled, discharged or otherwise released by the business or resident during the time the business or resident used or occupied the acquired premises, such substances must be abated or removed from the acquired premises in accordance with government laws and regulations before a relocation payment is made. 3.5 Apyr—Al of Claims. The Development Agency . Relocation staff shall determine the eligibility and amount ofallclaims. Any claimant who is dissatisfied with a determination as to eligibility or rhe amount of payments may have the claim reviewed in accard.ance with the established Development Agency : grievance' procedure. 3.6 ilgzluctons. The Development Acaency may deduct from relocation Payments due any rental amount the displaced person owes the Development Agency - The Development Agency ' shall not withhol3 any part of a relocation payment to satisfy an obligation to any other crediror of the displaced person, up_less the Development Agency becomes responsible for such obligation. .. RELOCA.TION REGULATIONS - 4 4 n EYSIDFNTZAI. REF,,QS°TION PAYTIANT,S. 4.1 Elieibility. Individuals and Families who are displaced persons and move from their residence shall be eligible for relocation payments and assistance from the Development Age%cy ,. 4.2 Payment. Relocation payments and assistance to such individuals and families shall be made in the same amounts that such relocation payments assistance would be made available if the relocation payments and and assistance were made by the Development Agency to such individCels and families pursuant to sections 202, 203, 204, 20ti, end 206 of the Federal Uniform Relocation Assistance and Real PropP�ty Acquisition Policies Act of 1970 as amended by the Uniform Relocation Assistance Act of 1487 RELOCATION REGULATIONS -- 5 ■ ;�1QN PAYH_T�h'T4 - GFM.RAT. 5.1 Eli¢=bil.icy- The owner of a business which qualifies as a displaced person is eligible for relocation benefits under the terms of these re;ulations: 5,2 Notification of Intent to Move_ 5.2.1 Reouirement, The business shall notify the Development Agency . of its intenr to move at leas[ 30 'days prior to the date that the first item of personal property is moved, but not earlier than 90 days prior to the move. The Development Agency may waive this notice requirement for good cause as determined by the Development Agency . 5.2.2 lnformartnn to be Submitted to the De•Ze ooment Agency The business' notification to the Development Agency shall be in writing and shall include the following: A. A stat.ment of its intent to beein the move and/or to dispose of personal property, and the dates: of the _ intended move or disposition of property, including a list of the items to be moved. B. A list of the prooerty which the business may offer for, sale as a result of the displacement and/or which may be the basis for a claim for direct loss of property pursuant to Section 6.11, pursuant to Section 6.3. C. if the moveds to be in whole or in vert a self-move, a statement indicating the intent of the business to make a self-move and identifying specific portions of the move ro be performed by employees of the business concern_ D. If the move is co be contracted ou[, assurance that, prior s to the issuance of invitations of bids, the business concern will furnish the Development Agency with: p statemen sett cine for[h in detail the proposed scone of work and a .omplete inventory of the tangible personal property to be relocated. The dates on which the mole is expected [a be and to be completed. E. A Skfrement of_jntent to purchase subsgitute items oY personal propertpursuant to Section 6.7 including a list of the items to be substituted_ RELOCATION REGULATIONS - 6 fZ.Q RITSINFCS HOV tNC- AND RELATED S3[PFNS F_S 6.1 actual Reasonable Mging Expenses. A business concern that elects to receive payment for actual moving and related expenses shall be paid the full amount of eligible expenditures incurred, subject co the following: 6.1.1 The Development Agencywill_pnx only eligih1g expdndicures in amounts determined by is to be reasonable and not in excess of an acceptable low bid or estimate. (See Bid Requirements, Section 6.10) for costs of moving personal property. ti.1.2 Flo item of nronS_ included in the real property ecauisition of the Development Agency is eligible for relocation benefits. 6.1.3 No item of Personal Property moved from real property not being acquired is eligible for relocation benefits. 6.1.4 The business must Hermit the Development Agency to make reasonable and timely inspections of the personal property at both the displacement and replacement sites and to monitor the move. 6.2 Moving Expenses--Eligible Expend Lrures. A relocation payment for actual reasonable moving and related expenses may include the cost of: 6,2..1 Trot zRp or i_ne p ersonal_r o,erty from the acquired site to a replacement site (including to and from storage). Transportation costs beyond the first 50 miles from the site from which the displacement occurred are not eligible, unless the Development Agency determines that a move of a longer distance is justified and reasonable. 6.2.2 Packing cretin¢. unpacking. and uncratinp personal property. . 6.2.3 Disconnecting- dismantling removing reassembling and reinstallinp relocated machin-try, equipment, and other personal property, including connection to utilities available at the replacement location and modifications necessary to adapt such propercy to the replacement location or to utilities available at the: replacement location or to adapt such utilities to the personal property. (See Section 6.6) 6.2.4 .5cori gnersonal property for a period not to exceed 12 moi.ths, when the Agency determines that storage is necessary. (See Section 6.5) 6.2.5 Znsura n:,& preuiums covering loss of or damage to personal property while in storage or transit. 6.2.6 Any license nermic or certification required by a displaced business concern to the extent such cost is necessary to the l' `- RELOCATION REGULATIONS — 7 reescaolishmenc of its operation at a new location. The amount may not exceed the amount that the business would be required to pay annually, limited to the amount covering the remaining useful, life of the existing license, permit or rercification- 6.2.7 p.eleccerin¢ LrucKs signs. and @imi.7ar icrm and replacing stationery and other printed macccr onhand at the time of the move that is made obsolete as a result of the move. The actual cost of replacing signs painted on a door or window or on walls may also be compensable, but su::h compensation shall not include the cost of acquisition of a site for such sign. 6.2e8 Searching for a replacement location. (See Section 6.9) 6.2.9 A_,ccual direct]oss o: c�r_,^,_ib�e._pscnect�•. (See Se-ction 6.2.10 Moving expenses Incurred in c_rnduct:j a self—move to the replacement location. (See Section 6.8) 6.2.11 p}econnectinp endreinstalling lea seri eauiomcn such as telephone, b_-.rglar and fire alarm systems and similar items of personal proper-r;- 6.2. 12 Purchase of-!inb c rut e personal property. (See section 6.7) 6.3 HoirE ng Expenses-- ne iRible Expenditures. A relocation paytment for moving expenses may nit include the cost of: 6.3.1 Additional expenses incurred because of operating in a new location except as provided oy Section 7.0. 6.3.2 Moving structures, improvements, or other real property acquired by the Development Agency at the former location, or in which the displaced person reserved ownership. Any building, structure, or other improvement which would be considered to be real property if owned by the Owner of the real property on which it is located, shall be considered to be real property. 6.3.3 fnrerest on loans to cover moving expenses. 6.3.4 Toss of 000d will. 6.3.5 Loss of profits_ 6.3.6 Loss of trained ewployees. 6.3.7 XtiAgnal iniurA. 6,3.8 Cost of prepasine thr__c a-m for moving and related expenses or for representing the business before the Development Agency t- 6.319 Any addition., imPovemerntor other physical change in or to the replacement structure or its premises, including changes {�. RELOCATION REGULATIONS — 13 - required by OSHA, or ocher code, regulation or ordinance requirements except as provided by Section 7.0. 6.3.10 Dawniime. 6.3:$.1 Los=__of lease or_lcesehoLd interests. 6.3.12 professional services including buc not limited to attorneys, architects, consultants, and engineers except as provided by Section 7.0. 6.3.13 Cost n* replacing or repairing Pronerty lost, stolen, or damaged in process of moving- 6.3.14 Advertising except signs moved as personal property as provided in Section 6.2 or as provided by Section 7.0. 6.3.15 Cost forstorarr of,ve�sonal prop^rtv on real property already owned or leased by the business. 6.3.16 Qleanup o€ tazordous wasres or material, or substances declgred to be hazardous or toxi- under any law or regulation by any governmental authority. 6.3.17 Expenditures incurred after 12 months of the date of displacement. Displacement occurs upon complete vacation of the premises acquired. 6.3.18 hayother ii tams the Agency determines are not reasonable or necessary. 6.3.19 Any expenditure which d, uplic_acts any eligible expenditure.. 6.4 Litaitarion on Actual fieasonable Ho vine 5xpenses. Where in the judgement of the Development Agency the cost of mcving any item of personal property which is used in connection with a business would be- disproportionate edisproportionate in relation to it. value, the allowable reimbursement for the expense of moving such pacperty shall not exceed the difference between the cost of replacing the same with a comparable iters available on the market and the amount which would have beer. received for such property on liquidation. 6.5 ytorsgq Snsts. 6.5.1 Siener.X. A relocation payment for moving expenses may include actual reasonable storage costs (dead storage) incurred by a business concern that either (1) does not immediately reestablish at a new location, or (2) although reestablishing at A loc_tion, cannot complete its move until the total required space becomes available. No payment for storage =ost may be made unless the Development AgOncy has determined that storage is necessary in connection with relocation of the business. RELOCATION REGULATIONS — 9 • 6.5.2 Time Limir. Costs in connection with storage (including insurance while in storage) are limited to a period not to exceed 12 morths_ 6.5.3 Inel'i Bible Costs. A payment for storage may not include costs related to: A, Any itemCs stored in or unon pronerty owned or occupied by the cieiment. ' B, Any j. o -eotacing item s) removed from storace. Storage costs compensable as a moving expense must be reduced accordingly for any item(s) removed, if permitted in the warehousing contract. - C. Any item(s)_subsea!iently replaced by substitute equipment under Section 6.7_ D. Any items) not awned by the business at: the time of the beginning of the move. 6.5.4 Loss of Property_ No payment for direct loss of property, (See Section 6.11) may be made for any ltem(s) placed in storage, except when the,move to storage is made because of an emergency (e.g_ fire) and (a) the claimant is not permitted time to determine the items that are to be disposed of, and (b) the Development Agency determines that the claimant has moved expeditiously to remove from storage those items for which the claimant intends to file a claim for direct loss of property. 6.6 Tr atallation of Relocates Mechi-�e ry �'ouioment or fi�ther Personal -Property. 6.6.1e eral, _ A. re. c_sation oa vment got mavinr eXne.nses may include necessary And reasonable costs for the installation of relocated machinery. ". uipment or other personal property at the replacement location. B. At the time that tl:e business concern netifie.s the evelopment Agency pursuant to Section 5_2 of its intent to:move and its, expectation that costs will be incurred at the replacement location for the installation of relocated machinery, equipment or other personal property, the business concern and the Development Agency shall explore together the most feasible method of accn-nlishine the installation activity that is the Ieast costly for successfully carrying out the move. 6.6_2 fjix bl, _os s, Eligible installation costs include reasonable amounts incurred for the following, t RELOCATION REGULATIONS - 10 A. Connection of, rel5cated machinery- equipment or ocher personal r.coaerty to available utility services at the replacement location. 1, "Available utility services" are defined as currently existing utilities on or within the structure which are distributed throughout the structure from the utility se-vice entrance and/or main panel or main value system. 2. tiiicy secvices include electrical, water, gas, compressed air, vacuum, vent, sewer, oil, and similar service lines. 3. connection Yq available util i_ty services shall be either: (i) at or on the relocated machinery, equipment, or other personal property, or (ii) at a nearby distribution point within the structure as determined by the Development Agency ._ B. Mod if is __ion_tn dSja_rS_9r convey r_ the relocated machinery, equipment or other personal property cc, _ the available utility services at the replacement location. G. Clodifications to_he ex'.-i.no utility services at the renlacemePS_ location to accommodate the relocated machinery, equipment or other personal property when the Development Agency determines that it would be less expensive than modifying the relocated items to the available utility services. D, g2al, necessary to place or situate the relocated machinery, equipment or other personal property at the replacement location in order to install the relocated items. Costs are limited to those necessary to allow access to the replacement location, such as removing and replacing doors, panels, and similar items to permit placement of the relocated personal property. 6.6.3 Limitations. Eligible installation costs do not include costs for the following: A. construction of a new structure. the rehabilitation. gr modification of an existing structure to rehouse the rclocztcd machine v - � c. ^ other .- __ ._the_ ` L---_al property, orother physical changes tothereal property except as provided by Section 7.0. B. the cost 01 ipSreftsinQ the load of a floor or structure., RELOCATION REGULATIONS - 11 q, Supplying utility serviSZes from the uublic right-of- way to the utility service enLrauce on the replacement location except as provided by Section 7.0. D. 'hap es or modifications to a util i,t�ss ervice entrance and`or main panel or mein valve system within the replacement locati-on, except as provided in Section 6.6.2.C. E. -construct i.on of_can rete-t:a ds or fc�ndations necessary co 1.11stali relocated machinery, equipment, or other personal property. p, fodiiication to meet code_reaui_remencs except as provided by Section 7.0. 6.7 1-2 Eguoe rrr. 6.7,1 Ranera1. A displaced business concern may elect to replace with a substitute item, an item of persanz l property currently utilized in its operation but which is not moved, but is promptly replaced with a substitute item. Substitalse items must perform a eumparable function as the item replaced, 6.7.2 Nt'¢'cerins to the geveiopment Age�rLCY - A business concern that contemplates the use of substitute equipment must so - indicate to the Development Agency ! at thp; time that __t submits written notification of its intent to move (See Section 5.2). e 6.703 JL1 lowatle oszis. The allowable cost includable in the relocation payment for moving expenses shall be the lesser. Of: A. The actual cost of tie subsetita e5uinment deliverepS and installed at the rFc-19ce.L�er;_t_� e�aeion, less any proceeds received from t'xe sale or trr7e-in of the old equipment (See Subparagraph 6.7.5 below); or B. the es r_imeted cgst to relocate the cld eguivroert to the Dg_v_-j-q(aation (disconnect, cartage, reconnect). The Development ASencY shall obtain necessary bids or estimates to determine the reasonable cost of the move. No amount for storage costs may br. included in the bids or estimates. 6.7.4 Zneli,iUe Costs. No payment for direct loss of any item of rrorrry may be made when a payment for a substitute item is made. No payment for substitute equipment may be made if the Original equipment has been moved to property owned, leased or occupied by the claimant. 6.7_3 Equipment Le£t on Site by Bu_.si..nass Concern. If personal property that the business concern replaced with substitute `- RELOCATION REGULATZOATS - 12 equipment 's not sold or traded in, it must be conveyed to the Development Agency_ 6.8 6.8.1 _®neral. A business concdrn may elect tc take full responsibility for t'ce move and receive payment in an amount which does not exceed au acceptable loco bid or estimate as determined Cy the Development Agency _ The business concern may carry out the move by using its own employees and equipment or engage a mover or iuntractor to handle all or a part of the move. A self-move may include only eligible expenditures and is subject to applicable requirements and limitations ns stated in these regulations_ A business concern planning a self-move must notify the Development ' Agency ; at least 30 days prior to the date of the move. 6.8.2 Limitations: A. Tho nmour.t of n self-move shall not exceed the estimated cost of the move or of an acceptable low bid. The Development Agency shall obtain necessary bids cur estimates to determine the reasonable cost of the move. if a bid or estimate cannot to obtained, the Developmanr Agency may determine the cost of the move by independent analysis by a qualified valuation consultant. S. The business wild not b; reg4iired to submit documentation in support of the movin¢ costs aot.jally incurred, but this provision applies only to the portion of the claim representing the moving cost component (transporting, packing, disconnection, and re-connection) supported by an acceptable bid or estimate. All other related costs included in the claim are subject to applicable limi=ations and requirements. 6.8.3 Re q:I;rc�ue alt s. A. The work performed in moving the business concern must conform with the scope of work covered by the acceptable low bid or estimate (other than the time period for complerion). S_ In determining crie acceptability of cost to be claimed, the Development Agency in negotiating with the claimant, shall consider the following factors: 1. The relationship of the move to the sco p.a of work and c Le te dire 'on covered by the acceptable low bid or estimate. 2. The reasonableness of labor and supervisory costs associated with the move. RELOCATION REGULATIONS - 13 e"� 3. The reesanahleness of costs etcribucrd to equipment used in thY. move. 6.8.4 exception t "No Docu men[atior." Provision in _ cnnecLion with Self-Move. A. Determination to Document Movinv Costs_ When bids cannot be obtained or the business concern elects to make a self- move and the Agency and the c.ncern cannot agree on an acceptable amount to cover the cost of the move, the business concern must submit full documentation in support of all amounts claimed. Documentation -shall include such reasonable evidence of costs incurred as required by the Development .Agency B_ s'o st 7imicatlans. The amount of a payment for a documented self-move is subject to the following limitation= .. If an ece .table low bid or estimate weotaiued, Che,. amount of the payment may not exceed the lesser of (a) the actual costs incurred as dccumented by the bu'iness concern, or (b) the, amount of the acceptable low bid or estimate. 2. T,�__a low 43.d ar estimate vas,nat oobtainable, the amount of the payment may not exceed the lesser of (a) the accuel costs incurred as documented by the business concern, or (b) the amount determined by the Development Agency by an independent ValYtaCA.O='F cansu?cant. C. 11cwaYS3z_Exvenses. Compensable costs for a documented self-move may include reasonable and necessary expenses incurred by the business concern for: 1. The use o` caui.pment to accgmvt, sh the move. This may be either the cost of z-enring equipment to __cowp,xsh the move or the cost of the use of the concern's equipment at a rate not to exceed the reasaaabla cost: of rental equipment. 2. Wages paid for the labor of persons wttn nhvsica3ly participated +n tjse mage. The labor may be performed by regular employees of the concern, owners of the concern, or persons employed for she move. A payroll record showing name of employee, rime and date worked_. and amount paid till be required. 6.9 Searching mor A Replacement Zocacxon. 6: 9.1 Ellis iblr. Costes. Searching expenses may include! RELOCATION REGULATIONS - 14 A, TransPorcecicn expenses w;.ehin a radius of 50 miles from the bouc.daries of the City Of Tigard. , at a mileage race not to exceed the amount normally paid by chc Development Agency- for travel of its staff. ' B, enls_nd Lpd_&In� wi.ile away from 1:o.ne.. C. An amount t,o covetra�.e reasonable Gide spent in searching based on the average, i.aurly wage race of the business concern's representative, but not to exceed.$15.00 per hour. D. g, asanable fees paid to a .realestate ae:^nt or broker to locate a replacement site or operation exclusive of anv fees or cummissixons related tO tilt purchase or lease of such site, 6.9.2 Maximum Amount. The maximum total amount of compensation for searching expenses is limited to $1,000. 6.9.3 potumer,i eai On. Expenses incurred by the business, concern in searching for a replacement location must be supported by receipred invoices, where appropriacea A list of the dates and addresses viewed as possible relocation sites must accompany a claim, 6.10 Ai.r3 6.14,1 When Bids Must Be Gbteined,. When relocation expenses: of a business concern are estimated to exceed $1,000 the business concern must obtain a competitive bid from two reputable ll-overs and/or other contractors with respect to the work, except as provide, in Section 6.10.7. ifthe total cost of a movee by a genera! contractor, is estimated to cost $50,000 or more, the sealed—bid procedure described in Section 6.10.8 must be followed. 6.10.2 jimij_Rcguirements for Submission of Bids. Bids are required to be submitted to the business concern at. least 10 days prior to the commencement of the concern's move. Copies of the bids must be submitted to the Development Agency 15.10.3 1raw B:d Sets Maximum Payment. A relocation payment for moving expenses of a business concern may not exceed the amount of an acceptable low bid. 6.10,4 grd Form. State or local laws or regulations governing bidding procedures shall be followed in obtaining bids, or, in obtaining estimates where estimates will be used_ $.10.5 �retiat of Bid ax Fstia+a to Spec i.,�r�tians by iSusieeess �,Onr_ern. REWCATION REGULATIONS - 15 A. Scope of Work. The ecope of —rk covered by each bid or estimate obtained by a business concern must De the same,. To achieve this uniformity, all contractors eusr be provided with the same work specificarions on each individual phase of the move_ B- SLecificecione. The aoezificetion should be subdivided to reflect the specific responsibilities of each trade or craft that will perforce: a separate category of services in the mo=.:c. C. pevelavment Cormain;sion Atsi stancr.. Thr D: velopznent Agarzcy may Assist in the preparacion of bid or estimate specifications if the business concern wishes, but selection of movcrc and other cGntractors who will be requested to bid shall be the sole prerogat'.ve of the business concern. 6.10.6 .Review r.f SaeCif-cacioas. The Developccnt Agency . shall review the bid Ar estimate specificarions prepared by the business concern to determine conformance with these regulations and with recognized sound bidding procedures. 6.10-7 CQbrainin¢ Bids, Bids shall be obtained by the businers.concerr+ except when substitute equipwe:nt will be used ac the new iocati.on and/or when the concern will conduct a self–move- The concern must obtain bides from ac least two tongrectors, or at least two contractors for each trade, or craft where tisere is no ,general contractor- Exceptions may be made under the following circumstances; A- Ooncern Unable to Obtajp_Jjyo Bids- If the business concern is unable to obtain two bids for any category of work, the jusrificaticn theref:ole shall be submitted, in writing, to the Development Agency. No relocation Payment: may be made i.rl such cases u ties the Development Agency fit-is that two bidet were unobtainable:. The Development. Agency many obtain basis or estimates if the business fails to do so. In rhe ev-ant that no bids are obtainable, the Development Agencry shall obtain a technical evaluation of the cost of the move and allow the move to proceed on an actual cost basis supported by adequate documentation. The nature and complexity of the move will govern the i Agencry''s decision. B- I.elkal Prohibition on Bids. It bids for any portion of the work to be performed are prohibited by Federal, Stare, or local. laws or re¢ulations, the business concern may submit estimates for that portion of the mrsve. 6-IO-8 fie;.;,:;6d'-$'d Pror�eEur�. If the total cost of the move by a 4el:rral contractor, or of any separately identified category involved in she relocation, is estimated to cost $50,000 or S' RELOCATION REGULATIONS – 16 more, the sealed-bid procedure described in this subparagraph shall be followed: A. Sunmission of Aids or Estimnres_ The urigiral and one copy of the completed sealed bid or estimate muse be mailed or otherwise presented by the bidder to the business concern not less than lP_dava pricz- to commencement of the move. Each bid or esrimate must specify the precise scope of work covered by Che' bid at estimate. 8_ iR d__Qsenin&A. The business concern shell open the sealed bids or estimates at the established time (which should be not less than 14 days prior to the commencement: of the move) and place. An authorized representative of the Development Agency muse be pre+—nt at the bidopening unless the Development Agency has notified c:he business and has requested that the bid opening proceed without the Development Agency -.'a representation. Those who have submitted sealed bids or estimates may be present. The Development Agency shall be pr,,mptly provided with a copy of each bid submit+:ed. 6.14.9 o twee Award. When the business concern has determined which is the lowest bid and the Development Agency has concurred, the business concern shall award the contract to the low bidder. - Where estimates rather than bids have been submitted, the amount to be compensated as a moving expense shall not be determined until invoices and other required documentation of actual costs have been submitted and reviewed by the Development Agency 6.14.14 Verification of Reasonnbleness of $ids. If it is deemed desirable ir. order to verity the reasonableness of bids obtained by the business concern, the Development Agency shall obtain an independent analysis or estimate of the cost of the move. Such independent analysis may at the Development Agency 's discretion establish the maximum eligible relocaticr. payment if the bids are deemed to be unreasonable. 6.1! Actual Direct Less of property. 6.11.1 General. A business concern may receive a payment for any actual direct loss of any of its tangible personal property, including inventory or goods held for sale, which it chooses not to relocate. The following policies and limitations apply: A. The oavmgnt may not exceed the estimated reaggnable manse of moving the Drope.-ty. B. The business concern must make an effort to a-e ieve � bczna ide safe to dispose of the property. RELOCATION REGULATIONS - 17 C. The payment may cover only items of tangible oersona_1 properry. Items for which compensation was made in the real property acquisition, or which were idenrified as real property in the acquisition are not eligible. D. N nayme1 may nor be made for any item for which co mpensa[ion has otherwise been made, including any item sold or traded in and replaced with a substitute item as prcvided in Section 6.7. E. A payment mqv not ba made for ecr_uel or estimated storage costs for the items for which a property loss is claimed except as provided in Section 6.5.4. 6.11.2 Amount of Property Loss Payment. The amount of the payment for actual direct loss of property shall he determined by adding (1) the reasonable costs incurred by the business concern in its efforts to sell the property, and (2) the lesser of: A. 'Che yaleae not recovered by the sale (i.e. the fair market value for continued use of the property at the displacement site, less any proceeds recovered by the sale). When property loss is claimed for goods held for sale, the fair market value shall be based on the cost to the business concern of the items, not the potential selling price. 13. The lowest: estimated reasonable moving exRep:jes, which would have been incurred had the property been moved. Estimated moving costs as determined by the Development Agency are limited to the amount which would have been necessary for the reasonable cost of transporting (not to exceed 50 miles), packing and unpacking. crating and uncrating, disconnecting and reconnecting, removing, reassembling, and reinstalling those items of personal property not moved and for which-a property loss is claimed. The estimate may not include the cost of physical changes, conversion, or estimated storage costs. C. If a bona fide sale cannot be effected, the payment for direct loss of property shall be the lesser of (a) the fair market value for continued use, or (b) the estimated moving expense. 6.11.3 manna ,gide Sale. A bona fide sale as determined by the Development Agency , is a sale at the highest price offered, after reasonable efforts have been made over a reasonable period of time to interest prospective buycrs, i'ncluding secondhand dealers, and others who customarily dealin similar property. An auction held after reasonable public notice is a bona fide sale. A private sale to tine's relatives or associates is nor a bona fide sale. A trade-i.r, may be considered a bona fide sale, // but if the item so traded has been compensated through a k RELOCATION REGULATIONS -- is Substitute Equipment payment as described in Section 6.7, no Property loss payment shall be made. 6.11.4 Cost of Sale. Ordinary and reasonable expenses incurred by the business concern in its efforts to sell personal property may be included in the amount of a payment for a direct loss of property. 6.11.5 Fair Market Value. A. Procedure. The fair mar:cet value of the Property for continued use at the location from which the business concern is displaced shall be ascertained by an appraisal secured by either the Development Agency or the claimant and concurred in by the other. It shall be made by a qualified appraiser or a valuation consultant in accordance with the accepted standards of the appraisal profession. B. Exception. If the value of the property cc be disposed of is so small that the expense of an appraisal is not warranted, the fair market value for continued use may be ascertained by either of the following methods: 1. Through consultation with an epujpment dealer, determine a value which reflects current used market value of the item or its nearest functional equivalent of the same approximate age and condition; or 2. Compute the fair market value by multiplying: a. The original cost of the item io the claimant (exclusive of installation) by b- The figure obtained by dividing (a) the period of the remaining useful life of the property at the date of removal, by (b) the period of normal useful life of the property on the daze Of its acquisition by the claimant. 6.11.IS �oac of P.poraisal. The cost of an initial appraisal by the Development Agency to determine actual direct Loss of property shall be borne by the Development Agency- The cost of any other appraisal obtained by the claimant shall be borne by the claimant. 6.11.7for_pavment._f ar Direct Loss of Pro n+rry-. A claim for a payment for direct loss of property shall be supported by: A_ Writtea evidence of the Loss, which may include appraisals, certified prices, copies of bills of sale, receipts, canceled checks, copies of advertisements, t .... RELOCATIC1d EE�ITJLATIONS - 19 ` offers to sell, auction documents, and other appropriate records. B- A list of the items of machinery, equipment, trade fixtures, inventory, stock-in-trade, or ocher tangible personal property excluded from the appraisals of the real property. C. Documentation of the fair market value of each item, or each lot or group of similar items, for continued use in place. 1 `•;., RELOCA.TION REGULATIONS - 20 7_O o rSIN .SS RF -STAB .ISHMENT E2 PF-ENEEa �M 7.1 General. In addition to a payment for actual reasonable moving and S• related expenses under Section 6.0 of the regulations a small business, definedas a business having not more than 500 employees working at the site being acquired or displaced, may be eligible to receive a payment, —. i1o, � F._[52r xceed__.�15��, for expenses actually incurred in relocating and Leestablishing such small businesses ac a replacement site.. 7.2 Eligible expene must be mason 'd�Q-ad necessary as determined vy the Development Agency These exp: ..ses may include, but are not limited to, the following: 7.2.1 Repair- or imnrnvements to the replacement real property as required by Fader*r_ SSrate, or local law, code or ordinance. '7.2.2 Modificario s to the reply c`e i::�•r.-.�+,ro n_e rty to accommodate the busineas operation or make replacement conducting the business. - - _ 7.2.3 Constructiox7 and installatLon costs, not to exceed $1,500 for exterior signing to advertise the business, 7.2.4 Provision of utilities from right--of-way to improvements or, the replacement site. 7.2.5 Redecoration or replacement of soiled or worn surfaces at the replacement site, such as paint, paneling, or carpeting. 7.2.6 Licenses, fees, and permits when not paid as part of moving expenses as provided by 6.2.6. 7.2.7 Feasibility surveys, sail testing and marketing studies. 7.2.8 Advertisement of replacement location, not to exceed $1,500. 7.2.9 Professional services in connection with the purchase or lease of a replacement site, or planning the move of the personal property, moving the personal property or installing the relocated personal property at the replacement, location. 7.2.10 Increased costs o€ oaeration during the first year at the replacaaent site, not to exceed $5,000 for such items as. A. Lease or rental charger, B. personal or real Property taxes G. Insurance premiums, and D. Utility charges, excluding impact fees 7..2.11 Imnac- €ees or one-time assessments for anticipated heavy. , utility usage. t RELOCATION REGULATIONS - 21 7.2.12 Other items the Development Agency considers essential to the reestablishment of the business. 7,3 ineligible SxR.�,nses. The following is a non-exclusive listing of reestablishment expenditures not considered to be reasonable, necessary, or otherwise eligible: 7.3.1 purchase of ca pl cal assets, such as, office furniture, filing cabinets, machinery, or trade fixtures. 7.3.2 Purchase or ma+3ufacrurinv macers, production supplies, product inventory or other items used in the normal course of the business operation. 7.3.3 Interior or exterior refurbishment at the replacement site which are for aesthetic purposes, except as provided in Section 7.2.5. 7.3.4 ,I.0ee es on money borrowed to make the move or purchase the --ola,cma Droperty. 7,.3,5. ZnymenC r<) Dart-eime busines in the home which doe= not --- ----------�-- ...,�,,, contribute materially to the household income. 7.4 Max g Pa Yment_. The ma N:2'C�. :--*yment for the total of all items pursuant t� this Section 7.0 for rees tab -_.h.11 not exceed a B.ELoCATION RFGUI.ATIONS — 22 ® Yw cv¢ B-0 FIXED PAYMENT FOR MOV1ti6-MM -`�'3-Y..... B. 1 -eneral. A fixed payment in lieu of moving and related-expenses (Section 5.0), and reescablishme-Lt expenses (Section 7.0), may be made to a business that elects to receive such a payment. The business must meet the eligibility requirements for a payment for moving and related expenses and the additional requirements set forth in this Section. 3.2 4nounr of Pavmenc. A payment in lieu of moving and related expenses except to a nonprofit organization shall be 'equal to the average annual net earnings of the business concern, but not less than $1,000 nor more than $20,000. 23.3 Eligibility Requirements--Business Concern. 5.3.1 ,AOisoleced business concern may be eli„g,ible for a navnenr in lieu of Moving d r_tj_Ar .eA__V_2MfM_qes and reestablishment expenses if the Development Agency determines that the business meets all of the following tests. Any business that meets these tests is eligible irrespective of whether it continues or discontinues ir.= operations: A. Test 1. The business cannot ne relocated without a loss of its existing patronage. Existing earnings. f Loss o existing patronage is presumed unless the typi of operation is such that patronage is not dependent upon the location in the neighborhood from which displacement take= place. Examples of this type of business inclZc.-e, but are not limited to, the general practice of any of the professions, and businesses Whose sales operations do not require customers to travel to the place of business. B. Test 2. The business is not part of a commercial enterprise having more than three other entities which are engaged in the same or similar business activity, which are not being -acquired and which are under the same ownership. C. Zest. During the two taxable years prior to displacement, the business: (1) Had average annual gross receipts of at least $5,000; or (2) Had average annual net earnings of at lca=t $1,000; or (3) Contributed at least 33-1/3 percent of the average annual gross income of the owners or-operators of the business_ i RETriCATI.ON REGULATIONS — 23 (4) If in the determination of the Development Agency 1. the application of any of the above -- criterion in a specific case would result it, substantial hardship to the claimant by denial of the "fixed" payment, the Agency ' may use alternate criteria as determined more equitable under Lite circumstances. II. Test 4. The business owns or rents personal property which must be moved in connection with such displacement and for which an expense would be incurred in such move; and, the business vacates or" relocates from its displacement site. E. Test 5. The business is not operated ac a displacement dwelling solely for the purpose of renting such dwelling to others. F. Test 6. The business is not operated at the displacement site solely for the purpose of renting the site to others. 8.1.2 Petermination of hTomber of Bus'nasses. A. policy. Sep,-, -;,�= entities, all of which hnv- bion - �c ,.�.c oe acquired shall 6e eligible for a sins?'- payment ins]payment in lieu of moving and related exp=ses if CheY . _ actually constitute only one bu�_aoss. B. Procedure- in determining whether two or more legal (' entities consriZ—re a single business, the following factors, among others, shall be taken into consideration: (1) The extent to which the gape or emises and equipment are shared. (2) The extent to which satbstanc i++lly identical or intimately interrelated business functions are pursued and business and financial affairs are commingled. (3) The extent t^ �h ch the entity es ere held out to the up blit, and to those customarily dealing with such entities, as one business. (4) The extent to whichthe: same person or closely related persons own, control cr manage the affairs of the entities. 8.4 l3;¢;isi liter Reguireree nts--lionprof is_Qrstanizeti4n. 8.4.1 A displaced nonprofit organization shall be eligible for a fixed payment of $1,000 to $20,000 in lieu of moving and related expenses and reestablishment expenses it the Development F+cgency determines that the following test has been met: RELOCATION REGULATIONS - 24 E� Tear. The, nonprofit orga.ization cannot be relocared without a sub.rantial loss of its existing patronage. The "existing patronage" of a nonprofit organization incl-rides the membership, persons, community, and/or clientele serviced or affected by the activities of the nonprofit organization. A nonprofit organization is assumed ro meet this test, 'unless the Development Agency • demenstrates otherwise. 8.4.2 Amount. Any paymehr in excess of $1,000 must be suppcarced with financial statements fer the -wo 12--montif periods prion to displacement. The amount to be used for the payment is the mvervges of two (2) years ann-tai gross revenues less acministrar.ive expenses. 8.4.3in21�fiev�g_nuees_ Gross revenues may include membership feet„ class fees, cash donations, tithes, receipts from sales er other forms of fund collection that enables the nonprofit organi- zation ro operate_ Admiai.stxati.ve expenses are those for adminixszrarave support such as rent, utilities, salaries, advertising and other Lille items as well as fund raising expenses. Operating expenses for carrying au¢ the purposes of the ncnprofi.c organization are not included in administrative. expenses.. The monetary receipts and expense amounts may be verified with ce::ti.fied financial statements or financial documents required by public agencies. 8.5 __"Grp�e 4nnur,� et tarn k,n_gs. 9.5.3. pefini^inn,. Average annual net earnings mean one-half of any net earnings of the business or farm operation, before Federal, State, and local income taxes, during the two taxable years prer_eding the taxable year in which displacement takes place. Average ,annual net earnings includes salaries, wages, or other ccmper,sation paid by the business or farm op.rmtion to the otiner (see Section 8.5.3), his spouse, %�r his dependents. 8.5.2 ase'. PR.r ieq_ if the Development Agency - deccrmines that the taro-year period immediately pre::eding displacement is not equitable for establishing earnings, an alternate base period determined by tda agency to he most representative, fray be used. The following are examples: A. 15up ness Adversely affected by Project Activities. if during the two years prior to displacemr_nt the earnings of the business or 'form were adversely affected by proi ^r. uctivit.es, an alternat=_ period ie.g the third an" .t year prior t=o ds_splac»ment) may be used as an alter_ base period. B. asi.ness i.n Feiaz np es i•en TvoYcar s. If the . business or fares was nct in oper'at',on for the full two / years prior to displacemc -, net earnings should be t RELOCATION RIEGUr.ATIONS - 25 comp�ieu on the basis of the pe'icd intt the business or farm was in oper.eti.en in the project -red, projected to arrive at an annual figure. C. Qnouinr+ [?geracion Moved -L!Di Yroieer ArFa, If a bustnes_ moved its operations from a site outside the project area to a bl<e witein the project area and its earnings xi_hin the project area were adversely affected by projccc activities, a period determined by Che Development Agency as being more represent-Live than the +wo years prior to displacement may .— ucea '— compute the mount cf net earnii;gs. At, alternate period may be used only if the business operation conducted outside of and 1,,ithin the - project area is the saws 8.5.3 Ownership. Uefiniti�n The term "owner" inciudes the proprietor in a sole proprietorship, the principal partners in a partnership, and the principal stockholders of a corporation, as determined by the Development Agency For the purpose of determining a principal stockholder, stock held by a husband and wife, and their depend-nt children shall be treated as one unit. 8.6 A2yument-ation of Cla.jM. Claims shall be supported by such reasonable evidence of earnings and ownership as may be required by the Development AgOnCy, inclnding copies of Federal and/or Stete income tax returns filed by the business and certified Financial. Statements. t. '... RELOCATION P,EGU',,ATIONS — 26 TIGARD PLANNING COMMISSION RESOLUTION NO, 89-..01PC A RF'.S$ 7L[I'Y'ION FORWARDING RECOfrfaiENDATION To TETE CITY COUNCIL ILI'M THE CITY CSIiTER DEVELOPMENT ACENG'Y ON THE CITY CENTER DE4'ELOPM£NT PLAN- NT the City Center Plan Task Farce wade a presentation to the Plasening Comniastan on the City center Development Plan concepts on February 7, 1989; and WHERFPiS, tho staff presented tha City Center DeveloPftuent Plan and Report to the Planning Cama:ission on March 7, 1989: and Y,'FR8p1F ORS Section 457,495 requires the Flinn%nr� Corimission t±> provide a recommendation to the gaverring body on Plans prepared in conformance with OILS Chapter 457; and wHERK'c—s' OILS Section 227.090 grants the Planning Commission the authority to recommend to council pla,-xa for regularing the future growth Of the city; and WFiFg$AS,, Section 18_32.090(cl of the Tigard Municipal Code grants the Planning n��*rlsaFon the aut/iority to zmake interpr4statlo:.e of the C-ompreitansive Plan if rsrsated by tI.0 Director or other interested persona; and tg the following polieivsa O"afttained in Vc.lume 11 of the City of. Tigard Corrreheneiva Plan apply to the City Centex Developwent Plan: CTT19SN IKVOLVpMgNT 2.1.1. The City shall maintain an ongoing citizen in--rolvenrent PZogra-A and shall assure that cttizens will be provided an opportunity to be invoked in all ,,bases of the planning pro^ess_ PARKS RRC'RSATT018 AND OPEN SPACE 3.5.3• The City shall des; nate t:se 100-year floodplain of Fanno Creek, its tr'_.`autaries, and the Tualatin River as greenway, wkaich will be the backbone of the open-space system. 3 f_.d_ The City shall provide an intercor_neoted pedestrianjbikepath throughout the City. 3.6_1. Individual mark sites, as defined by the Parke and Open Space standards and classxticatian eyetc-qn shall. -be developed according to the following priorities: b. Parks should be planned to lnaure maximum benefit to the greatest numer of local csidant�. _--- thl`s `,,on, acquisition and develc cent b of community level parks should be given this highent pciorita. E06F:OPfY 5.1.1. The city shall prOwOte Activities &ivied at the diversification of the economic oppor`cunities avas_lable to Tigard residgnw.. ta with particular mphasis placed on the local job market. RESOLUTION NO. 89-01PC Page No. I 5.1.3. The City ahal5. improve and enhance the portions of the Central ,. Business District ae the focal Point. for commercial, high density resi.dential, business, civics and professional activity creating a diversified and economically viable core area. 6_2.1_ The City shall provide an opocrtunity for a diversity of houaing densities and residential types at various price and rent levels. MT1W-§--- T2a1 N 8.1.1. The City shall plan for a ease and efficient street and roadway system t}at m,aets current needs and anticipated future grcr�th and development. �H 12.1.1. The redevelopment of downtown shall be accomplished in older to mak mee it cOmpleosentary to newer shopping areas. Canvenierce, appearance and the needs of the shopping public abould be primary cons Lderationa_ 11..2.1. Ach Avenue shall be extended across Fanno Creek, enabli.ag access to ther_ee.ighicc,.::nr.,*ds and commercial area without using Pacific Highway. Design features nhaiL be used to slow traffic and make the street as safe as possible+ fish Avenue shall be designated as a minor collector in conformance with the Master Street Plan_ 13e3ign features and mitigation measures shall .Old traffic volumes Cu the middle limits of a minor collector; and yaCyF, 'RERE i6R.E, BE IT RESOLVED by the Tigard Planning Commission that: Scsoc3on I:_ The Planning commission has determined ti:=t the City Center Development Plan is consistent with the applicavle Comprehensive plan policies based upon the findings noted bolow: 1. plan Policy 2.1.1_ is satisfied because the City Center Task vorce made up of interested citizena, spearheaded the City Cenr_er 1)evOlopment Plan Fiffort through nearly two years of public meetings and presentations. 2. Plan Policies 3.5.3., 3.5_4., and 3.6.1 are sat.isfted becauee the City Center Development Plan Incorporates recOMMOndationts for improvements to ranno Creek Park, a community park, including pedestrlan/bi.kepatba. 3. plan policy S.I.I. is satisfied because implementation of rhe City Center Development plan should encourage private Lnvest=Ont in the area in the force of new and expanded commercial and office development which will provide sore employment opportunities in the city center area. 4. Plain Policy 5.1_3. is satisfied l,rczivac imp--entation of the City Center Dev®logxnenf� Plan will enhance the,city center area as a focal point for, the community as well as a. diversified and Oconomically vlabl.e core a=ea. S. Plan policy G.,Y_1. is satisfied because implemental,ion of the City C,Onter plan anticipates the additicn of 550 multi-fami-ly unite in the . _ty center area over a fourteen year, period. lt'SSOTIM2101N NO. 89-OIPC }" 6_ Plan policy 8,1.1. is satisfied beeauas one of t"txe primary 9oa1a o£ the City Center uevelopment plan ie to impro,•e accpas to and c>_sculat.ior. through the area- Many of the proposed iAprnvementa will make the area much safer for pedestrian traffic. 7- Plan Policy is satisfied becauue the €chert of the City center Devel y�usert plan is to aowpleme+nt s.*.opping centt:rs and encouragepedestrian wrhiR:h are compatible with each other, are convenient, and, oriented where possible. a. Plan Pol€vy 11.2-1. is satisfied becasae the City center Development Alan r om nde kha extene€on of Ash Avenue across Pazsss0 Creek to eigrhs- The provide access to the cityceni-OrsOr Coddsacourilgeacentnnan�loocaltra£fic .� r recommandlignment is proposed fram entering t.11e neighborhoodso ,Ss- -Jon 2s The Tigard ]Pl&nni.rg C.xomiaeion recommends that thea City Council a_sul' City center Develops�ent Agency a the City Canter Development plan. JJ PAS BD: Thi. iG day of (j ?_�f :7 O 1 g/� j' 1. kTiggic':esi "-- 'a f iaflia �"��_.,"od ATTF.,%T: Vita Catherine 64heetleY, Deputy Recorder RESOTUXTIOP. NO. PAGE 3