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HomeMy WebLinkAboutResolution-1994-1419 RESOLUTION NO. 1419 TITLE: RESOLUTION ADOPTING A RELOCATION HANDBOOK PURSUANT TO THE WHEAT RIDGE TOWN CENTER URBAN RENEWAL PLAN AND APPROVING EDARC'S EXERCISE OF THE RELOCATION POWERS AND AUTHORIZING THE TRANSFER OF FUNDS FOR RELOCATION AND ACQUISITION OF PROPERTY. WHEREAS, the Wheat Ridge city council adopted the Wheat Ridge Town Center Urban Renewal Plan (the "Plan") by Resolution No. 756, Series of 1981 dated December 14, 1981, and amended October 12, 1987 by Resolution No. 1053, Series of 1987, and modified on September 14, 1992 by Resolution No. 1313 Series of 1992; pursuant to the Colorado Urban Renewal Law, Title 31, Article 25, Part 1, C.R.S. as amended; and WHEREAS, the Plan provides that the "Project Activities shall be to participate and assist in the redevelopment or rehabilitation of the Wheat Ridge Town Center which by way of illustration but not by limitation may include the following: 3. Assist qualified businesses, tenants and occupants with moving and other relocation expenses associated with redevelopment or rehabilitation in the project area. These benefits shall be defined more explicitly by a Relocation Handbook which shall be adopted by EDARC pursuant to the urban renewal plan:" and WHEREAS, Section III.E subsection 3, RELOCATION, provides as follows: "The Authority shall assist business... with moving and relocation expenses as required by law. The Authority shall pay the moving expenses and actual direct losses of personal property as a result of relocation from the proj ect area. However, because an urban renewal authority is not allowed to pay for certain matters by Colorado law, the Authority shall not pay for items such as loss of goodwill or loss of profit of any business, or any costs for which the business receives reimbursement or compensation from other sources. Relocation benefits will be available only to businesses functioning ... within the project area as of the date of the Authority's Notice of Intent to Acquire Property under the laws related to eminent domain to businesses.... To implement this relocation policy, the Authority shall adopt a Relocation Handbook. The Authority may designate a person to be responsible for negotiating the relocation benefits with the property owners and tenants. Such person shall negotiate in strict conformance with the provisions of the Handbook and the direction of the Authority. The Authority may also establish a Relocation Committee to assist the negotiator with the application of this Plan and the Handbook. The Relocation Committee shall serve as directed by the Authority. The Relocation Handbook shall include, but is not limited to, the following: a. The procedures for applying for relocation benefits from the AuthoritYi b. The manner in which the Authority shall pay such relocation expensesi c. The moving expenses and related expenses for which the Authority shall pay the relocateei d. The method for appealing a determination of the relocation negotiator or Relocation Committee to the Board of Commissioners of the AuthoritYi and e. The expenses for which the Authority shall not pay relocation benefits, including but not limited to: (1) Loss of business profitsi (2) Loss of goodwill; (3) Losses for which the relocatee shall receive reimbursement or compensation from another source; (4) Legal fees and related costsi (5) costs of constructing or moving real property improvementsi and f. The minimum benefits to which all eligible relocatees shall be entitled in accordance with the applicable statutory and legal requirements."i and WHEREAS, section III.E., Subsection 1 provides as follows: "...EDARC shall exercise each or any of the powers set forth in the section IILE., subsections 1 through 6 inclusive, only upon the prior approval by a majority of those members of the Wheat Ridge City Council present and voting at a regular or special city council meeting. II NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado as follows: 1. The Wheat Ridge City Council adopts and approves this Relocation Handbook and the subsequent exercise of the powers of relocation specified in the Colorado Urban Renewal Law, Title 31, Article 25, Part 1, C.R.S., as amended. 2. The Wheat Ridge City council approves the transfer of RESOLUTION NO. 1419 TITLE: RESOLUTION ADOPTING A RELOCATION HANDBOOK PURSUANT TO THE WHEAT RIDGE TOWN CENTER URBAN RENEWAL PLAN AND APPROVING EDARC'S EXERCISE OF THE RELOCATION POWERS AND AUTHORIZING THE TRANSFER OF FUNDS FOR RELOCATION AND ACQUISITION OF PROPERTY. WHEREAS, the Wheat Ridge city council adopted the ,Wheat Ridge Town Center Urban Renewal Plan (the "Plan") by Resolut~on No. 756, Series of 1981 dated December 14, 1981, and amended October 12, 1987 by Resolution No. 1053, Series of 1987, and modified on September 14, 1992 by Resolution No. 1313 Series of 1992; pursuant to the Colorado Urban Renewal Law, Title 31, Article 25, Part 1, C.R.S. as amended; and WHEREAS, the Plan provides that the "Project Activities shall be to participate and assist in the redevelopment or rehabilitation of the Wheat Ridge Town Center which by way of illustration but not by limitation may include the following: 3. Assist qualified businesses, tenants and occupants wi th moving and other relocation expenses associated with redevelopment or rehabilitation in the project area. These benefits shall be defined more explicitly by a Relocation Handbook which shall be adopted by EDARC pursuant to the urban renewal plan:" and WHEREAS, section III.E subsection 3, RELOCATION, provides as follows: "The Authority shall assist business... with moving and relocation expenses as required by law. The Authority shall pay the moving expenses and actual direct losses of personal property as a result of relocation from the project area. However, because an urban renewal authority is not allowed to pay for certain matters by Colorado law, the Authority shall not pay for items such as loss of goodwill or loss of profit of any business, or any costs for which the business receives reimbursement or compensation from other sources. Relocation benefits will be available only to businesses functioning ... within the project area as of the date of the Authority's Notice of Intent to Acquire Property under the laws related to eminent domain to businesses.... To implement this relocation policy, the Authority shall adopt a Relocation Handbook. The Authority may designate a person to be responsible for negotiating the relocation benefits with the property owners and tenants. Such person shall negotiate in strict conformance with the provisions of the Handbook and the direction of the Authority. The Authority may also establish a Relocation Committee to assist the negotiator with the application of this Plan and the Handbook. The Relocation Committee shall serve as directed by the Authority. The Relocation Handbook shall include, but is not limited to, the following: a. The procedures for applying for relocation benefits from the Authority; b. The manner in which the Authority shall pay such relocation expensesi c. The moving expenses and related expenses for which the Authority shall pay the relocateei d. The method for appealing a determination relocation negotiator or Relocation Committee to the Commissioners of the AuthoritYi and of the Board of e. The expenses for which the Authority shall not pay relocation benefits, including but not limited to: (1) Loss of business profitsi (2) Loss of goodwilli (3) Losses for which the relocatee shall receive reimbursement or compensation from another sourcei (4) Legal fees and related costs; (5) Costs of constructing or moving real property improvementsi and f. The minimum benefits to which all eligible relocatees shall be entitled in accordance with the applicable statutory and legal requirements."i and WHEREAS, section III.E., Subsection 1 provides as follows: "...EDARC shall exercise each or any of the powers set forth in the section III-E., Subsections 1 through 6 inclusive, only upon the prior approval by a majority of those members of the Wheat Ridge City Council present and voting at a regular or special city council meeting." NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado as follows: 1. The Wheat Ridge City Council adopts and approves this Relocation Handbook and the subsequent exercise of the powers of relocation specified in the Colorado Urban Renewal Law, Title 31, Article 25, Part 1, C.R.S., as amended. 2. The Wheat Ridge City Council approves the transfer of $250,000 of EDARC funds from an unallocated account to a budget account for purposes of relocation and acquisition of properties. DONE AND RESOLVED this 25th day of July , 1994. ~~ Dan W1lde, Mayor ATTEST: