MB RDA REVISED RULES JULY 13, 1979 ' a
ECE1VE
CITY OF MIAMI BEACH
ILII 1 3 1979
CITY. CLERK'S DEPT.
BY - v 114.4.4.41
TO: Elaine Matthews DATE: July 13 , 1979
City Clerk
FROM: Robert L. Shevin 4 1 ,
City Attorney
SUBJECT: Revised Rules and Regulations Governing Relocation
Payments for the South Beach Redevelopment Project,
Miami Beach, Florida
Pursuant to the direction contained in Resolution No.
79-15886 I transmit to you herewith aziaaajmAigimaLligaamijjAzw,
tio for the South Beach Redevelopmen Project, Miami Beach,
orida, which contains all amendments to same adopted by the
governing body of the City of Miami Beach, Florida, up through
and including April 25, 1979. Pursuant to Resolution No. 79-
15886 said Revised Rules and Regulations Governing Relocation
Payments shall be the official Revised Rules and Regulations
Governing Relocation Payments unless and until same is amended
by further action of the City Commission.
RLS/AHM/mcs
Enclosure
cc: Murray Dubbin
Steve Siskind
Gavin W. O'Brien
•
RECEIVE
u i i 1 3 1q79
CITY CLERK'S DEPT.
REVISED
RULES AND REGULATIONS GOVERNING RELOCATION PAYMENTS
FOR THE
SOUTH BEACH REDEVELOPMENT PROJECT
MIAMI BEACH,
FLORIDA
AS APPROVED BY THE CITY COPJIMISSION
APRIL 25, 1979
REVISED
RULES AND REGULATIONS GOVERNING RELOCATION PAYMENTS
FOR THE
SOUTH BEACH REDEVELOPMENT PROJECT
MIAMI BEACH,
FLORIDA
MARCH 2 , 1977
Adopted by the City Commission
of the City of Miami Beach
By Resolution No. 77-15283
March 2 , 1977 and Incorporating
Amendments approved by
Resolutions No. 77-15283 March 2 , 1977 , No. 77-15291,
March 30, 1977 , and No. 79-15886 April 25 , 1979
TABLE OF CONTENTS
PAGE
Section I . Purpose and Policies
1
1 . Purpose
1
2. Policy
1
Section II General Eligibility Requirements 1:--
Section III. Definitions
3
1. Acquisition Agent
3
2. Average annual net earnings for businesses 3
3 . Business 3
4. Comparable replacement dwelling 4
5. Conventional loan 5
6. Counted room 5
7 . Displaced person 5
8. Dwelling 5
9. Economic rent 6
10 . Effective rate of interest 6
11 . Family 6
12. Incidental expenses
6
13. Income
6
a. Annual gross income 6
b. Monthly gross income 6
14 . Initiation of negotiations 7
15. Mobile home
7
16 . Mortgage
7
17. Nonprofit organization 7
i
PAGE
18 . Owner 7
19 . Person 8
20 . Personal property 8
21 . Relocation payment 9
22 , Settlement costs 10
Section IV. Provision of Information and Notices of Displacees 10
1 . General 10
2 . Notices to Owners at Initiation of Negotiations 10
3 . Notices to Tenants and Lessees -- Initiation 'of •
Negotiations 11
4 . Notices to Vacate - General 11
Section V. Standards for Decent, Safe and Sanitary Housing12
1 . Physical standards 12
(1) Housekeeping Unit 12.
(2) Nonhousekeeping Unit 12
2 . Occupancy standards 12
3. Ability to pay standards 14
4 . Environmental standards 14
5 . Equal Opportunity Standards 15
Section VI . Residential Relocation Payments 15
1 . Moving Expense Payments 15
a. General 15
b. Actual , Reasonable Moving Expenses 15
c. Fixed Payment and Dislocation Allowance 18
d. Advance Payments 19
e. Temporary Moves 19
f . Limitations for Joint Occupants of a Single-
Family Dwelling 20
ii
ITT
EE Teaouop
EE quouliced qsaaoqui paseolDuI
ZE swaqi GiciT5TTa (Z)
TE TeaauaD
TE quawAed asuadxa T24UGPTOUI . 0
OE poqqaw anT4exed11Io3 (z)
OE poqqow GTnpLIDS (T)
6 quawA2d TPTquaaaggTG *ct
6Z TeJauaD 'P
6Z squpdn000-Jaumo Jo; quawked buTsnoH queulaoeTd11 ' E
8Z surcpTD go buTubTs . g
8Z qTun aT5uTs P Adn000 ATquTol oqM sTenpTATPuI *a
8Z sulTeTD buTTT3 JOg aulTI
qTun buTsnoH quawapeTdou ;o uoT4DadsuI (E)
LZ quia6Apd apueqsTssv queurkedumoa go quawasanctsTU (Z)
9Z 4uaw1ed apueqsTssv quawAedumoa go uoTTeqndwoD (T)
quawA2clumoa ' 0
9Z quawked aDueqsTssv TequaH go quawasamcIsTG (9)
Tun buTsnoH 4uawapeIdau go uoTqoadsui (s)
VZ . Tequou Aitiquow apleaedulop ( 7)
VZ - • Tequaa Aplquow aseq OJ1 (E)
EZ quawAed aoueqsTsse Tequa.z go uoTqegrldwoD (z)
qein. s.puTg AouGby qj, (T)
ZZ quawA2d apue4sTssv Tequou
TZ TeJauao 'P
tZ sago uTeqiaD pue squeuaI 'quawAed buTsnoH quawaDeidau eZ
• O • su1T2T3 buTIT3 J03 4Twri oulTI
aovd
1T .
v�v
1
4
t
ft
PAGE
(2) Computation of the Increased Interest Payment 34
r
e. Increased Condominium Maintenance Payment 35
f . Disbursement of Replacement Housing Payment for
Homeowners 36
g. Inspection of the Replacement Housing Unit 36
h. Payments to Joint Owner-Occupants 37
i . Time Limit for Filing Claims 37
t Section VII . Business Relocation Payments Y 37
1 . Moving Expense Payments 37
a. General 37
b. Allowable moving expenses 38
c. Nonallowable moving expenses 40
d. Storage Costs 40
e. Costs incurred in searching for replacement
business location 41
f. Bid Requirements 42
g. Self Moves 45
2 . Moving and/or Direct Loss of Personal Property 46
a. General 46
b. Amount of Property Loss Payment 47
3 . Property of High Bulk and Low Value 48
4 . Payment In Lieu of Moving and Related Expenses 49
a. General 49
b. Amount of Payment 49
iv
•
PAGE
e. Eligibility gibility Requirements
• 49
(1) In order to be •
ellga.ble .
49
(2) Businesses
50
(3) Nonprofit Organizations
•
ZatY
g ons
52
d. Documentation in
Support of a Claim
Section VIII. G53
rievance Procedure
Section IX 53
Amendments and Conditions
55
•
v
MIAMI BEACH REDEVELOPMENT AGENCY
RULES AND REGULATIONS GOVERNING RELOCATION PAYMENTS
Section I. Purpose and Policies
1. Purpose
These regulations prescribe procedures governing implementa-
tion of Relocation by the Miami Beach Redevelopment Agency.
2. Policy
It shall be the objective of the Miami Beach Redevelopment
Agency to provide uniform and equitable treatment ofp ersons dis-
placed from their residences or businesses by public programs .
Section II. General Eligibility Requirements
1 . In order to qualify for benefits as a displaced person, a
family, individual or business must move from real property, or move
his personal property from real property: a) as a result of the ac-
quisition
c-quisition of such real property for public use, in whole or part,
or b) as a result of the rehabilitation of such realro ert
P P y pur-
suant to an owner-participation agreement between the Agency and the
property owner, and c) in either event "a) " or "b) " , after receipt
P
by such displacee of written notice from the acquiring agency�' g enc
Y o r
property owner respectively to vacate such real property.
a. A written notice to vacate must be given by the ac-
quiring agency or property owner to each individual ,
family, business or non-profit organization to be dis-
placed. Such notice shall be servedersonall
p Y or by
certified (or registered) mail . Where negotiations are
-1--
initiated prior to issuance of a written notice,
all persons contacted shall be advised that benefits
of the Act are available only when the person moves
subsequent to receipt of written notice.
2. In order to qualify for benefits as a displacedp er-
son, except for moving benefits pursuant to Section VI 1 which is
governed by Section II 1 above, that person must:
(a) Be a citizen or permanent resident, of the United States
or must be in the process for applying for the same or must be
legally residing in the United States at all relevant times here-
in; and
(b) Be domiciled within the project area and be a resident
of the project area for at least six (6) months in each calendar
year; and .
(c) If the person is registered to vote, the
glegal voting
address of the person must be within the 'ro ect area.
P �
3. In order to qualify for benefits as a displaced business,
p uszness,
except for moving expenses pursuant to Section VII 1 which is
governed by Section II 1 , above, that business must be in occu-
pancy and operating in the building acquired or rehabilitated
within the project area for at least six (6) months in the calendar
year prior to receipt of the notice to vacateurs Section
uant to Section
II I .
-2-
Jam'
4
t11
'3
tmg
-5
sem.
4
If
• ...rte ...�.L.. )..M. a a'r'.wM+.1.4,.1+•....w.........,;,......w.MYid
4
4
7
sy
Section III . Definitions
; t
1 . Acquisition Agent . Any representativeMiami
•
of Beach
"0 Redevelopment Agency authorized to negotiate on behalf
of
said
1IAgencyo for the purpose of obtaining ownership or possession of
w
,. property:
2 . Average annual net earnings for businesses , The net
0
' earnings of a business before Federal , State, and local income tax,
+:�
during the five taxable years immediatelyprecedingdisplacement
eriAt
q p
,,• (or if the business was not operated for that lon a eriod such
.�
may
other period as
z be approved b y the City or displacing Agency) ,
40 and includes salaries, wages , or other compensation p �. n pa id by the
'0 business to the owner, owner ' s spouse, or dependents .
_� p p nts . In the case
of a corporate owner, earnings shall include any compensation paid
d
1 tc the spouse or dependents of the owner of a majority
interest •�.n
the corporation. For the purpose of determining majority j x owners '
:';-.)
hip,
' stock held by a husband, his wifen their d their dependent children
Ishall be treated as one unit.
3 . Business. Any lawful activity conductedprimarily:
a. For the purchase, sale, lease, and rental ofer
� sonal
• and real property, and for the manufacture, processing,
or marketing of products, commodities or any other
personal property:
b. For the sale of services to the public ;
1
a
04
'...4
It
Mi 4
.. ,,, ..-J •.aa: ., . Y' «•.r•.w.►iil. I. ../ .... L►1►."1r,/j.-.l.`....-.ti . .,.y..wig.:'.r'./A :..,d•...r. •... vn.-, •.. ..M.'ti..i.4..rl...r«. ..,w.:S..:i+..r.i +lM ....si siia11 Mse
' il
:,: , •
4 I
Y-F c. By a nonprofit organization; or
,- d. Solely for the purpose of qualifying for moving and
-:.:� related expenses, for assisting in the purchase% sale,
,
• resale, manufacture, processing or marketing of
�. products, commodities, personal property, or services
i by the erection and maintenance of an outdoor adver-
4 tising display or displays . Such displays do not
necessarily have to be located on the premises on which
.' any of the advertised activities are conducted.
time,,
1: 4. Comparable replacement dwe l'inr . A dwelling which is : .
LI a . Decent, safe, and sanitary:
y
b. Functionally equivalent and substantially the same
as the acquired dwelling with respect to number of
.y rooms, area of living . space, age, and state of repair,
provided that it is standard -and adequate in size
to accommodate the household as more fully herein defined;
b
c. In an area not generally less desirable than the area
,4.
in which the acquired dwelling was located in regard .
_-A to public utilities and public and commercial facilities;
:
ti1d. In an area reasonably accessible to the displaced
person ' s present or potential place of employment;1::1M e. In an area not subjected to unreasonable adverse
environmental conditions from either natural or man-
,7
sources;
f. available on the market to the displaced person;
g. Within the financial means of the displaced family
' .,� or individual , as more fully herein defined ;
:r
.
vi
4
h. Open to all persons regardless of race, color,
religion, or national origin in a manner con-
sistent with the requirements of the Civil Rights
Act of 1964 and Title VIII of the Civil Rights Act
of 1968. •
5. Conventional loan. A mortgage commonly given by banks and
savings and loan associations to secure advances on, or the unpaid
purchase price of real property, payments of which are not insured
by any agency of the State or Federal governments.
6. Counted room. That space in a dwelling unit containing the
usual quantity of household furniture, equipment and property. Rooms
or storage areas which contain substantial amounts of personal pro-
perty equivalent to one or more rooms may be counted as additional
rooms.
7. Displaced person. Any person who moves from real property
or who moves his personal property from real property as a result of:
a. acquisition of such real property for public use;
b. rehabilitation or improvement of property when such
rehabilitation is required as part of a project; and
c. said person receives written notice to vacate said
property as provided in Section II, Subsection 1.
8. Dwelling. A single-family structure, a single-family unit
(including a nonhousekeeping unit) in a two-family or multifamily
building, a unit of condominium or cooperative housing project,
a mobile home, or other residential unit .
_5_
•
r
;.M.,
Nw
0
t
0
lest
Nai
d_r - _ .►. ..r.. ... .r r..... - rte.. - -wy'a....•._.^ .r• r.•.r„M.1.rw..•iA«.•s .r•.L J'..•.•.......:.+.. •W iMi..'ti•r
w.'
?ice
•
r
AY' 7
r;
4• 9 . Economic rent. The amount of gross rent the displaced
1.t
tenant would have had to pay for a similar unit in an area not
generally less desirable than the dwelling unit to be acquired.
_.;.e7
(Gross rent is contract rent, pill:- cost of utilities to tenant,
over and above contract rent. ) .
10 . Effective rate of interest. The annual percentage rate 1r�. paid on the debt of a mortgage as a result of including debt
4
.._ r service charges in the total interest to be paid on the mortgage
,..t
debt, as an incident to the extension of credit, when such debt 1I.. service charges are normal to the market .
-
'"' 11 . Family. Two or more individuals who by blood, marriage,
4 adoption or mutual consent live together as a family unit . Where
=, •� two or more individuals occupy the same dwelling with no identi-
fiable head of household, they shall be treated as one family
'. ; for replacement housing payment purposes .
i
4.1 ♦�
12 . Incidental expenses . Reasonable expenses incurred for
1„„
evidence of title, recording fees, and other closing costs on
the purchase of a replacement dwelling.
13 .. Income.
a. Annual gross income. Projected annual income from all
-- sources of each member of the family residing in the
` household who is at least eighteen years of age .
. : b. Monthly gross income . The total monthly income of a
.,„ family or individual irrespective of expenses and
',, voluntary or involuntary deductions and includes, hut
is not limited to salaries, wages, tips, •commi ss thus ,
74
i
-6-
1,,,.
-i. - _�.k. tea. �...��•:"i..i.:a«.'+aa1h`S1�L`..V...i►I�r ....,.;i.�.•:Y":�.%�..t%, .4..1 ..4''...w:w1�+r1►•. •.i!.. ►il:V'1r"Z`rAiVL!r w�77.L iij•It.�►,.
•
1
rents, royal_.tie - 'dividends-=_ :nterest-,i' prof t, pensions,
and annuitie .
14 . Initiation of negotiations . The date of the lni'tia.l
written offer to purchase to the owner of real property to be
acquired for public use. •
15, Mobile home. A vehicle designed or used for human habi-
tation, for carrying persons and property on its own structure,
and for being drawn by a motor vehicle .
16. Mortgage. Such classes of liens, including Deeds of
Trust, as are commonly given to secure advances on, or the unpaid
purchase price of, real property, under the laws of the tate of
California, * together with the credit instruments , if any, secured
thereby.
17. Nonprofit organization. A corporation, partnership,
individual or other public or private entity, engaged in a business,
professional, or institutional activity on a nonprofit basis
necessitating fixtures, equipment, stock in trade, or other tangible
property for the carrying on of the business, profession, or in- •
stitutional activity on the premises . •
18. Owner. A person who:
a. owns, legally or equitably, the fee simple estate,
a life estate, a 99--year lease, or other proprietary
interest in the property acquired;
b. is the contract purchaser of any of the foregoing
estates or interests; or
c. has succeeded to any of the foregoing interests by
devise, bequest, inheritance or operation of law. In
*Editorial Note
w7_
Should read Florida
%M y
�f
.44
P,
le
illi
711,
K.1
y,.
r
,fes�,
A: the event of acquisition of ownership by any of the
•.fir foregoing methods, the tenure of ownership, not
= occupancy, of the succeeding owner shall include
..-
;'f
•
.-.'. the tenure of the preceding owner;
d. holds an interest in a cooperative housing project
which includes the right to occupy a dwelling.
11 19. Person. An individual, family, partnership, corporation,
is or association .
1,, 20 . Personal property.
�4
a. Tangible personal property which is situated on the
tea:
real property vacated• or to be vacated bya displaced
^� p
-_=I person and which is considered personal property and
is noncompensable (other than for moving expenses)
% . under the State law of eminent domain, and
r4:
b. in the case of a tenant, fixtures and equipment,
'� and other property which may be characterized as
real property under State or local law, but which
the tenant may lawfully, and at his election determines
-; to, move and for which the tenant is not compensated
• in the real property acquisition. In the case of an
� irs
Q.
J
.,
f
•Y
1
t
�g_
•
µ,
t1•�
- .{M. , " •' .�•1:r ?1'. .I•.. ., q} w .r�$'.f i. L.def..4 ,F'ti. �.�w *.r."1of �'w •.. `1,. �'ir ` ...*. � •/•�, .•T'!71.. .i. .yr �� 4,k4'
S •-. - o_ ' ''; .i- -'f .i., -4 r !f, .,. }` . .. � ft'„ I'j�. -`++I. M,.,"1t. l:
;'v sf+y-.• .rte. t, w'.f•�['*.'}y.' 1•''.y�., �••i/..}M, f 'S i .� Liy,1�/,y,1 -\.f. 1'. •' ,�•rri�.'• � �'., .�c+� �'n .. v •�
,{ T7i`� c* , • t•!'• •' •,I r. y' �.S.7Mii �i��.7it ; f ,• r +k�li � ' V.,s . Y� .��. �'�� .,..����,• ,�!�!':.�.._. "�^�i� f��•�. .
•
owner of real property, the determination as to whether
an item of property is personal or real shall depend
upon how it is identified in the acquisition apprai=-
sals and
the closingor settlement statement with
respect to the real property acquisitions : provided,
that no item of property which is compensable under
State or local law to the owner of real property
in the real property acquisition may be treated as
tangible personal property in computing actual direct
losses of tangible personal property.
21. Relocation payment.
a. For families and individuals :
(1) a payment for moving and related expenses;
to assist in the purchase of a replace-
menta payment
ment housing unit; or
(3) a payment to assist in the rental of a replace- !
ment housing unit.
b. For business concerns (including nonprofit organiza-
tions) :
rganiza--tions) :
(1) a payment for actual reasonable moving expenses;
(2) a payment to cover the actual direct loss of
tangible personal property;
(3) a payment for actual reasonable expenses in
serching for a replacement business; or.
(4) a fixed payment in lieu of the above equal to
the business concern ' s average annual net earnings,
but not less than $2, 500 nor more than $10, 000.
ray !
r
••r
"moi:
1-S1
i
fx
., 40:
1
•r
*$,::-. -. i d1, k.•••►y'w1.• ••7♦ N.,-r:.,,.. .. •.• .: 'r•rt w.M•r r• ,►•�'♦wr..•,,.r....^.....«... .+v... .....-...
r
X
Vt
06,
22 . Settlement costs. Certain 'expenses incidental to the
e
= transfer of real property to the acquiring agency which would
20
- tIt ordinarily be borne by the scl ler.
4.
4'
Section IV. Provision of Information and Notices to Displacees
i. 1 . General . Informational materials will be prepared and
41(41, distributed to every resident to be displaced or otherwise affected
77
by a program or project. Immediately upon adoption of the
Redevelopment Plan, all residents will be contacted for the
"'�r establishing shin their• occu ancy and to provide information
�� • purpose of estab g P
�' nature of the project, benefits and services
on the scope and P j ,
1.
; _ available, and eligibility requirements.
2. Notices to Owners at Initiation of Ne otiations ._ Acqui-•
• be responsible for informing relocation staff
sition agents will p
MY
too opening negotiations for purchase of properties . Nati--
_. prior p g
., •
fi.cats.
' on of dates of written 'offers will be provided promptly,
A of ac uisi.tion escrow, actual rental
as well as dates of closeq
tenants,iij
and fair or economic rent as determined
amounts paid by f
by the real estate appraiser. .
- Relocation staff will deliver relocation information to each
owner at the time of initiation of negotiations . Every effort •
• should be made to arrange for simultaneous contacts by acquisition
Y. and relocation personnel. When this is not possible, care should
'' - be taken to assure that there is a minimum time lapse between contacts.
jb At the time of delivery of the acquisition package, the relo--
g
cation assistance
pro ram is to be fully explained. All services
_
f
and payments are to be described. If questions are asked which
o
cannot be answered at that time, the owner should be advised that the
.4g7" .
_1o_
• 4
E I
♦`1
ti
^-A
kir -
4•
.i • -
•
requested information will be obtained and furnished as soon as
.$
possible . A signed receipt is to be obtained from the owner veri-
•
*! f in that the relocation infcrmation packet has been provided
Y g
to him.
Confirmation of occupancy data, such as full names of occu--
pants, addresses, number of rooms, rental amounts, dates of initial
occupancy, etc. , should be obtained from the owner during the
contact visit.
3.
Notices to Tenants and Lessees -- Initiat 'on of NQgptiations
Relocation information is to be provided d to tenants and lessees
promptly following the first written offer to the owner to purchase.
All services and payments pertaining to relocation of tenants is
to be explained at the time of delivery of the packet, and any
. questions answered. The date of initiation of negotiations is to
� be provided signedp also. A receipt is to be obtained and placed
in the relocation case file.•
If personal
contact is made with tenants and lessees, such
made within ten working
contact must be days following the' first
to the owner. If personal contact cannot be made,
written offer
•
information rmation shall be sent by certified mail, with a request for •personal interview interview to explain the relocation program and benefits
and determine the needs of the person to be displaced.
At the time of the first personal contact with a tenant, it •
is important to confirm occupancy information, such as date of
initial occupancy, number, names and ages of occupants, etc. .
4 . Notices to
Vacate -- General . No eligible person lawfully
occupying in real property shall be required to move from a dwelling
or to move his business without at least 90 days notice in writing,
and in the case of residential tenants, unless adequate replace--
11
g: .
1
0
4- ,
T
.S
4
74*.
. Section V. Standards for Decent,
Safe and Sanitary Housing
1. Physical standards . Ade
decent, safe, and sanitary dwelling
is one which meets all of the following •
minimum requirements:
K lic .
a. Conforms with all ap-11
plicable able provisions for existing
structures that have been established
under State or
local building, plumbing, electrical, •
-,g housing and
occupancy codes and similar ordinance and reg ula-
-11
°: tions .
* b. Has a continuingand
--ii- adequate supply of potable safe
-4 water. .
-, c. Is structurally sound, weathertight, in •
4
g good repair,
4 and adequately maintained.
(1) ,HousekeepingUnit. A housekeeping •
unit must
li
include a kitchen with fullyusable 4:i
e sink, a
stove, or connection for same; a e
,.. parate and
I complete bathroom; hot an
�`
and cold running water in
both the bath and kitchen; an
rt
adequate and safe afe
_"� wiring system for lighting and other electrical
'
�c
services; and heating as required byclimatic
conditions and City Codes.
(2) Nonhousekeep n Unit. A nonhousekeeping unit
p g unit
is one which meets City Code standards for
1boarding houses, hotels, or other congregate
gre g
living.t- V
2. Occupancy Standards . The f o
- llowina standards .. sh11. -
oe
used 'as a guide in determining the number of bedroomse .
requ�.rE�,�
'ol
0
4
,..
. _
. . . . . .,..,„,i.,..._... .......,...„.....1,,.4,Lt.A.,,,,..;..4....„,..,.,....................i.,....:.
„r.• .
,A4
7v
V . .
At . however, any special needs of a household to be relocated will be
considered for purposes of locating a housing unit of proper size.
_-. -
,•. ,,
40i
11 Number of Minimum No. Maximum No.
Bedrooms 'bccupants Occupants
_,--
0 1 2
1V
4 * 1 1 .
4
2 2 4
11
..,
4 6 8
5 . 8 10
-4* .
4
Living rooms should not be considered for sleeping purposes except
• in the case of efficiency or studio apartments.
12 • *ax years shall be the definable age limit governing eligibility
or additional space where opposite sex is a factor in determining
adequate sleeping space. Eighteen years shall be the definable
age limit governing eligibility for additional space where the same
11
sex is a - factor in determining adequate sleeping space.
**If the third occupant is a child under three years of age .
Note: An owner-occupant who decides to purchase replacement housing
is entitled to purchase a unit with the number of bedrooms in the
.:!
unit acquired for public use, provided the unit is adequate in size
.,.),
4
to meet the needs of the household.
'...,.
0 ,
A .
I
4
1 . . •
4
,f4
,:.‘
4
s •..
r.
i
f
i
1
i
.., ". . . . . ,• r.:N:.• .'li.. !..••M r.\rv.• i•JM•vas 7.'\:•►}•�. Ii IA':i!yyj�,•;MA.:••.:J.I. •.a•
. i4 �P:.1Y1.Y�•4� w a vf4i1, .i�41..:..1.41.�.•GN y..A,,,V..-a.•..1..YA0.•VM\.. w
.. 0►....l4. *..... • 7M'!ti
I : :
I
• . 3. Ability to pay standards. Dis lac es ' ability p � o
pay will
1 • be based primarily on income. For householdsincome whose income •�.s
public assistance, the budgeted hou- in allowance g will be consi-
._ dered to be the amount whicha
c n be afforded for replacement
housing.
Gross rent (contract rent and utilities) whichdisplacees
'zi., to pay will be determined on the basis
jcan afford of gross •
v income, and after consideration of other necessary •
expenditures .
.t
A and obligations . The amount which is being paid for housing at
., the time of acquisition of thero ert from which.� y the household
is being displaced will also be a factor to be considered.
If
11. there are- household needs which are not beingadequately q y met,
• these needs will be taken into account in order to insure that no
•-
� undue hardship is caused. For those dis 1 c
p a ees who plan to pur--
chase replacement housing, the same generalrocedures will 1 be fol-
lowed to determine gross income and the reasonableercenta e
p g
which can be allotted to housing costs. .
As a general guide, 25% of income will be used in determining
g
ability to pay; however, theercent .
p age of income which can be
afforded for housing will vary with individual displacees, depend-
ing
e e
p p nd--
ing on circumstances in each case.
4 . Environmental. Standards. Persons to be displaced will
p aced will
be referred to dwelling units in locations not subjected, ected to adverse
- environmental conditions, natural or man-made,
not generally less
desirable than the acquired dwelling with res ect to accessibility
p sslb�.lity
of public utilities and services, schools, churches, recreation,
creation,
transportation, and other public and commercial facilities-
, and
accessible to the displaced person ' s present or potentialp lace
of employment.
1 -14-
IM
.
s
it
IP
!wI
•
41
l
allir*.-—«.— ••-•h:.. .� ...r..• 1..._.1.•` .......%; ,, � -ivi,..., -..f4,:iw,.i:4..4::..;:—.....:a M+J.A... t..,;:14,..z..+.,z1., ..*,..++vN'1.4..i4.,; . r , ' •
�.�.'•..;M.. .w•r .r.l..d. . , '��Li.J;.AM�'�i'.•..iw 4.1�'M.Mn t�• ��"r.
iii
.v.
'�
f �
r'r
4,
,.,,,,, .
, ,
5. Equal opportunity Standards. All replacement housing
�r irr.r���..�.rr..wr�.. w ..�rrwn.•.w��rir
listed and offered for referral will be open to all regardless
• .
-�u
of race, color, •religion, or national origin in a manner consistent
with Title 8 of the Civil Rights Act of 1968, applicable codes
7110
4of the State � •
of Florida, and available without discrimination
based on source of income.
AI
Section VI. Residential Relocation Payments
wf
1. Moving Expense Payments
1i1
eligible
General . A displaced family or individual is eli ible
to receive a payment for moving his personal property,
4 himself, and his family. A person who lives on his
.4,
business property may be eligible for. moving and
r
•
- related expenses as a dwelling occupant in addition
to business payments. The displaced family or •
•
individual has the option ofYm a ent on the basis of
yy
P
actual, reasonable moving expenses or a fixed payment
1 based on number of rooms of furniture. .
b. Actual Reasonable Navin. Ex.enses.
il . .
(1) Allowable moving expenses may include the
following:
9 .
.-ov (a) the cost of transportation of individuals,
families, and personal property from the
acquired site to the replacement site (includ--
1 ing to storage) not to exceed a distance of
50 miles, unless the City determines that
relocation beyond the 50.�mile area ' i s
-15--
• '4
M4
Al
*4
t
N
,4
.Lt.
..„,
._
,i. . .
1 • ,r - .. .K q y.r v I. \ /1 l N r l.lY^•'.• • Yr'1•V•.".\4.IygY.
ly
�S
11 !
. .-''
„.. •
...:t
justified and reasonable (e.g. , because of
��`
greater proximity to employment, business,
11
or educational opportunities, or other eco-
., nomic factors; for reasons of health) ;
-,:ii (b)packing and unpacking, crating and uncrating
11 of personal property;
4�rw
(c) advertising for packing, crating and trans
portation when the City or displacing
liagency determines that it is necessary;
. (d) storage of personal property, for a period
w generally not to exceed six months, when the
City or displacing agency determines that
3 storage is necessary;
.
(e) insurance premiums covering loss and damage
..
of personal property while in transit or
z
t:
storage;
(f) disconnecting, dismantling, removing re--
L
i 7,' assembling, reinstallation on or reconnection
` of machinery, equipment or personal property,
I-4
including household applicances, not acquired
• as real property;
(g) reconnection of telephone service at replace-
- ment dwelling to the extent service existed
at the acquired dwelling;
11
(h) disconnection and reinstallation of burglar
r
11 alarm service;
i `�a
1 --;
-16-
y
,,
ji
516
94
t ,
`AF
,"fir
■z; .•„ S. •_. y:.:/. •..«.,,•,...'¢.i..'.........„,.......1,,.....-......a.•.v...11444:.,a,.i,...... 1..;..�1,.:4...ce.a... n✓i.C. •`i•.t:Aai•.Mili..14,ij, .k:,,,,i.t .d.
ilk; r
e
I:04.
i j
gas
r• . (i) property lost, stolen, or damaged (not
caused by the fault or negligence of the
displaced person, his agent or employees)
it in the processofmoving,
where insurance
to cover such, loss or damage is not available
4% . (2) A relocation payment for moving expenses may
not include expenditures for the following:
(a) additional expenses incurred because of living
it-,
lt
in a new location;
(b) cost of moving structures, improvements,
_w
or other real property in which the dis-
placed person reserved ownership;
ls1
4
(c) interest on .loans to cover moving expenses;
(d) improvements to the replacement site, except
when required' by law; .
11 (e) personal injury '
3 ,0 (f) cost of preparing the claim for moving and
related expenses.
I (3) Self Moves. In the case of a self move the dis-
ia
41 placed individual may be paid actual moving
costs, supported by receipted bills or other
.:i evidence of expenses incurred but such Raymertt
'.;.i�: may not exceed the estimated cost of moving
commercially. The estimated cost must be docu-
A mented by obtaining an estimate from a licensed
1, 1 mover and/or other contractors , depending on
w�
t
services required . The displacing agency should
'�`. assist in obtaining such estimates .
S`
• ....1i
c. Fixed Pa ment and Dislocation Allowance- In '
l�.cu
of actual and reasonable moving expenses, an
individual or family displaced from a dwelling unit
may elect to receive :
(1) an amount, not to exceed $300 . determined in
accordance with a moving expense schedule approved .
for the State by the Federal Highway Adminis-
tration,
g y is
tration, and
(2) a dislocation allowance of $200.
Where the household furniture and equipment is owned
by the displaced family or individual, payment for
each counted room shall be :
1 room: $60, 00 5 rooms :
$180. 00
2 rooms : 90. 00 • 6 rooms : $210. 00
3 rooms : $120. 00 7 rooms : $240. 00
4 rooms : $150. 00 8 rooms :
$270. 00
9 rooms or more : $300.00
Additional storage areas may be counted if they
contain furniture and equipment. Not more than
one such room may be included' in computing' a
fixed payment.
If the displaced individual furnished none or only a
nominal amount of his own household furniture and
equipment, payment for each room shall be:
1 room: $20. 00
$10 for each additional room
As moving costs change, the above schedule may also
f
".f'
:.s
•
f
1
4
`t
•
.
lid
.44 t
t
. • . z...,•r_C', ...:..•i ••.. �+'.v.1.•.•.:C•`•i •.4'1[.✓Y•i.iA t.....'..;��. .4.......•pNy 4.........41.•1..••,•". R..••►.►•.••,1?.L'•b��•i••.+a .. �. .-...,.�Yrr%�•.6"r..�-r•..r•Jarei. .M
• • r r..•e�....r••'7�'�M�•IL'aF1fA.•r+t�.•i .
t
It
42
..tiff )
4
:, d. Advance Payments. Advance payments may be made to
claimants
choosing the fixed payment method for moving
71
...-44 expenses, if the displacing p g agency
4
determines that a hardshi
1p exists. An advance
x payment can be any amount up to the amount of
tosl
14the dislocation allowance,_ $200.
e. Temporary Moves. Temporary moves will be kept to an
7.1
Y.R,. absolute minimum, but may be approved if
determined to be necessaryfor
the progress of a pro-
ject or because of the dilapidatdd •
condition of an
acquired property. If a claimant is required
equired
to move temporarily and later to move to a permanent
. � location, both moves will
be paid for; however, the
fixed payment method ofment
a
p y can be chosen for
.„ only one of the moves, and actualmoving moving expenses
. will be paid for the other move.
3 Temporary housing must be habitable and
must also
meet ability-to-pay and
• occupancy p ncy standards . The.
1
g displaced family- or individual should be provided with
A° written assurance that suitable
l '
permanent relocation
housing will be offered within oneear
y following the
1, temporary move. Relocation staff should continue to
work with displacees during their residence in n the
temporary unit in order to keep the period of temporary
occupancy to a minimum.
--19-
i
a
.
i
,-
.r;
J.
-rai
R
1r.i
h
Y
r:
-+ •'•.w rte• .. - 7••.4t�h••'..!-a,r'-+.h:/w'.r'3.,'1 •^wiii.'... /.%�_`:li.'. •.Y.iK.,1,Sti,h''• ..i. •.M b.i.* .`P,. ......,„,.r ,...•�w4..•�.�.. %,.„..,... .. t ,1•'�.•tiaxa,r.........,...,..;,....7....:. .,.,,,...t4.
•
w
-44
'_� f. Limitations for •
Jo nt occupants of .a Single-Fami •
1
Dwelling, Individuals who
are joint occupants of a
single family dwelling unit areentitled entito receive
Y.•
separate payments for actual moving expenses . If, how-
ever,
ow-ever, the individuals choose the '
14 *
fixed payment method,
4 and more than one claim is submitted, the amount of the .
7,4 fixed payment and dislocation •
allowance will be ,pro-
.
- - rated among the claimants .
- _ The total of all the claims .
:r must not exceed the amount which would be payable to
one household occupying the
-�� g unit, based on number
of counted rooms.
SSM
,.-► Families jointly occupying ng a unit are .
.
entitled to fixed
payments based on the number of •
rooms occupied by each, and separate paste dislocation
allowance payments.
. •
i g• •
Time Limit for Fi.l in �Cl�a iMs. •
The time limit for
filing claims for movingexpenses penses shall be' 1 8 months
h s
4
following the date of theerma
p Hent move from the
F
,410 project area.
51
4 .
•
•
•
•
a -20-
a
4 . . -
2. Replacement Housing Payment, Tenants and Certain Others.
A. General . The Replacement Housing Payment for Tenants and
Certain Others provides assistance to displaced tenants
and owner-occupants (who elect to rent rather than purchase)
in obtaining comparable standard housing.
The general eligibility requirements set forth in
Section II shall be met. In addition, the claimant:
(1) must be in occupancy both one year prior to
the date of adoption of the Redevelopment Plan and on
the date of receipt by claimant of notice to vacate as
required and provided in Section II , Subsection 1 of
these Rules and Regulations; and
(2) in addition to the above requirement, the
claimant must rent or purchase and occupy a decent, safe,
and sanitary dwelling within one year following the later
of the following dates:
(i) the date shown in the Agency's written
notice to vacate; or
(ii) the property owners written notice to. vacate
if the property is to be rehabilitatedp ursuant to an-
owner--participation agreement with the Agency; or
(iii) the date of the actual move from the ac-
quired property.
A displacee who has been an owner-occupant of a
dwelling and has met the general eligibility requirements
above and the requirement of this section is eligible
for a replacement housing payment as a tenant when he
decides to rent rather than purchase replacement
-21-
y
housing. In such a case, the rental assistance
payment may not exceed the amount which the
claimant would have received as a Replacement
Housing Payment for Homeowners.
b. Rental Assistance Payment. A displacee who meets
basic eligibility criteria as outlined in Section
VI, paragraph 2 (a) may elect to receive a payment •
to assist in renting standard replacement housing
following displacement.
Subject to the limitations set forth in Subsection
b(I) below, the maximum rental assistance payment amount
for which a claimant may qualify will be determined by
the claimant ' s age or in the event the claimant is a
family, the assistance payment will be initially deter-
mined by the age of the older of the family (excluding
dependent member of the family regardless of age) or
the head of the household.
In the event the older member of the family dies after
qualifying for a rental assistance payment herein the re-
maining claimant (s) will be entitled to rental assistance
payments based on the age of the remaining claimant as of
the time of plan adoption less any amount previously paid
to said family prior to the death of the older family
member.
Maximum payments and lengths of time for which
-22-
r
.y
s„.
1
I.. .........r......
"P.
1
assistance will be provided as shown below. *
L ..
It Age at Maximum
plan adoption payment
Itt
A70 no Maximum (paid for life)
65-69 $10, 000
474
4 60-64 8, 000
i 55--59 6, 000
!' 50-54 5, 000
•
a
49 or below 4, 000
a•x
(1) The Agency finds that there is sound and natural
justification for the above payment schedule and that it is
I
in the public interest as well as a benefit to the project
to make the above payments.' However, in the event it is
...b finally determined by a court of competent jurisdiction that
it is unconstitutional or otherwise illegal to provide
graduated benefit payments as set forth above, the Agency
4 Y
4 shall set the maximum payment to a displacee at $4, 000•
regardless of the age of the displacee.
44
(2) Computation of rental assistance payment.
The payment is computed by determining the difference
4
between the base monthly rental for the unit from which
7
4 the claimant was displaced and the lesser of (i) the
monthly rental for a comparable decent, safe and
sanitary dwelling or (ii) the actual monthly rental
for the replacement housing. For those claimants
*This section has been amended by City of Miami Beach Resolution 77-
15283, March 2, 1977 . (See Section 10 (g) and Section IX Amendments
and Conditions) .
1i
•
isits
. .
t- .
A __, , .
. .
:
ip - .
4....,. :y:.':�. 1•' .{y•:rI t..V .�T.�r:.:�!'r4t.►. 4rMl�iirQw' 1�-:rte r..ti ......., ...........,:........:,.....,....4.,..4...1 ..
. ijj:,`1 :.(L•O J•r•oir"'ty/ ♦••A. !�i• +i�M"4l+•+Mu
L A�..••�• .w..yl.. " ie
4
4
V
under age 70*, the difference is multiplied by the
U appropriate number of months to arrive at the maximum
a:
1, payments amount.
14 (3) The base monthly rental hall be either
t .
(1) the average monthly rent paid by the
:" claimant for the three-month period prior to initiation
i
—...t • of negotiations;
(ii) the economic rent for the unit . (i f the
r tclaimant was either an owner-occupant or was not
J . required to pay en •r t, or
jt (iii) 25% of claimant ' s income, whichever is less.
11 (4) Comparable Monthly Rental . Determination of
. monthly comparable rental shall he made on a case-by-
,
4!
case basis, using two or more dwellings actually
available, selected from the general area from which
the claimant moves, and which are determined to be
X
""' most representative of the dwelling from which displace-
ment takes place. .
All comparable units selected for use must
meet local codes and must not be in an area known
to be designated for public programs which would
a
:, cause displacement. •
IF
If comparabales are not available in the general
s
area of displacement, they may be slected from
other areas, similar and at least as desirable as the
4 displacement area.
*This section has been amended by City of Miami Beach Resolution 77-
a 15283 March 2, 1977 . (See Section 10 (g) and Section IX Amendments
and Conditions) .
1r
-24- .
•
s
(5) Inspection of Replacement Hous ' '
ina Untt.
In order for a displaced family or individual to qualify
- q
for a rental assistance payment, the replacement housing
g
unit must be determined to meet the requirements set
forth in Section V for decent, safe andsanitary
anitary
housing. The displacing agency is
g Y responsible
for
determining adequacy of the replacement dwelling.
Ins sections of Re•lacemejnt Housin• for
persons who move outside the locality. When a
claimant moves outside the locality, the will
agency will
arrange for an inspection by an agency of City housing
ng
or building department in the localityto which h the
person moves. If no arrangement can be made for an
inspection, a claimant may inspect his own unit and
complete a form for self-inspection of dwelling unit
for submittal with the •
claim for rental assistance.
The displaced person will be required to sign sign a
statement verifying that the replacement housinghas
been examined and meets all requirements q s for standard
housing. In . addition, the statement shall assure that
should defects subsequently occur in the housing unit,
the claimant shall in no way hold the displacing
agency responsible for such defects .
(ii) Substandard Dwel l i g. If an otherwise
eligible claimant moves to substandard housing, the
unit must, within 90 days following displacement, be
_25_
•
brought up to standard or the claimant must move
to a , standard unit before any rental assistance
payments can be made.
(6) Disbursement of Rental Assistance Payment .
Usually, the payment will be paid in monthly install--
ments. Claimants will be counselled with regard to
proper use of the rental assistance payment and
•
if necessary, given yelp wih setting up bank accounts,
etc.
C. Downpayment . A family or individual
displaced from a rental unit who meets general eligib--
ility requirements for a Replacement Housing Payment
for Tenants and Certain Others may elect to purchase
instead of rent replacement housing, and receive
downpayment assistance of up to $4, 000 . •
(1) Computation of Downpayrment Assistance
• �i
Payment.. The downpayment assistance payment includes:
(a) The amount which would be required as
a typical downpayment on a comparable replacement
dwelling unit if the purchase was financed with a
conventional loan, or the amount which would be
required with conventional financing as .down- payment
of the replacement dwelling, whichever is less. The
amount of down payment which would be required with
conventional financing shall be determined by the agency
•
through periodic contacts with major lending institutions
in the locality.
-26-
•
-26-.
4
10
t.A1
. f
]Ir
(b) Certain expenses incidental to completing
•
the purchase (closing costs) , but may not
include prepaid expenses . Typical incidental
costs are listed in Section VI . 3 .c.
(c) An origination or loan services fees
1
(points) if such fees are normally charged
jiin real estate transactions in the area.
Such fees may not exceed one percent.
Jr (2) Disbursement of Downpayment Assistance Payment.
'3p The full amount of the downpayment assistance
payment must be applied toward the purchase of
lrthe replacement housing, and all amounts paid
A must be shown on the closing statement, a copy
of which will be retained in the family or
individual case file.
(3) Inspection of Replacement Housing Unit. In
lraddition to the inspection described in Section
VI, paragraph 2 .b. (4) (a) the following shall be
required as documentation with the downpayment .
assistance claim:
1!
(a) certification from the City Building
Department that the replacement housing
'f - meets all requirements for occupancy; and
(b) certification from a licensed pest control
operator that the property is free from
- infestation by termites or other pests .
011I
It
-27-
.
27-
a •
'i
+
`, '.j4t�..•ri.J ... -.L.V � L ---a.:i:N.i...'''NM. �2 i+iw•-•MAr'J.fa2.'..v:la ai W►w rM•.�•+'w•'^^.r.. ... ....... .._
10
M
I 4
i . The displaced person will be required to sign a statement
;_,. verifying that the replacement housing has been examined
- Y g
and meets all requirements for standard housing. In addi-•
..v, tion, the statement shall assure that should defects subse-
quently occur in the housing unit, the claimant shall in no
1 :
sql
way hold the displacing agency responsible for such defects.
• If a Claimant has received rental assistance and sub-
sequently desires to request a downpayment, the amount
irpaid as rental assistance shall be deducted from the maximum
J'
=i i ' . $4,000 down-payment assistance .
4 ,4
d. Time Limit for Filing Claims . Claim Applications must be
lr
filed within 18 months of the displacee '-.s move from
go
41r4 the project area.
e. Individuals (not families) who jointly occupy a single unit
Payment for Tenants and
w�.
. : Certain Others. The payment may be shared equally or
3 otherwise prorated, in accordance with the needs and
RI . desires of the individuals concerned. Split payments
41
will require that all of the individuals sign statements
rt
theportion of the payment to which they are
�a verifying P Y
entitiled. An individual who relinquishes his right to any
:114 portion of the payment must also sign a statement to
that effect.
li
. f. Signing of Claims . Claims must be signed by head of .
:141 household P
and, spouse if also living in the acquired
31
dwelling. When payments are split , all eligible in-
dividuals claiming a portion must sign.
,Y •
, -28-.
r-1111.
74.E
•
r .
4
J � .
•
4
If
1 •
;3
3. Replacement Housing _Payme t for Owner--Occupants .
1' •
a . General . The Replacement Housing Payment for
h7
Owner-Occupants provides assistance in purchasing
replacement housing to families and individuals
4
who meet the General Eligibility requirements set
-4
forth in Section VI*, paragraph 2 (a) .
O
_. The family or individual must purchase and occupy
the replacement dwelling within one year following
the date on which the final payment of costs of the
acquired dwelling is received, or the date on which
. he moves from the acquired dwelling, whichever
is later.
The Replacement Housing Payment for Owner-Occupants,
in an amount not to exceed $15,000 , may consist
lr
of four parts ; a differential payment; payment for certain
t: incidental closing costs; an interest differential payment;
! -
a condominium maintenance payment.
11 b. Differential Payment. The differential payment is
the amount, if any, which when added to the amount
paid for the acquired dwelling, equals the amount
which would be required to acquire a compar-able
replacement dwelling, or the actual amount which
the owner is required to pay , whichever is less.
*Editorial Note: Should read Section II .
-29_
s '
•
ftazt inr'a s+li;-w:u:+iNr;w ►ar. •tM
The cost of a comparable dwelling will be determined
by the agency using either the schedule method or
comparative method. Generally, the schedule will be used.
If, however, it is determined that the acquired dwelling varies .
•
significantly from those used to compute the schedule,
the comparative method will be used.
(1) Schedule Method. A Schedule of Average Comparable
Sales Housing will be prepared annually, or oftener
if real estate market changes indicate, and will be
prepared for use by all displacement programs in the
City. The schedule will be developed• after conducting
a survey of housing sales, costs 'and availability over
• a period of one to three months, depending on the number
of units available to be included in the :•stud
X..
(2) Comparative Method. When the comparative method is
used, the Agency will select two or more standard
dwelling units comparable to the acquired unit, depending
on the availability of housing. •
Housing used as comparable must be on the market and
available for purchase at the time' the pedisplacedrson
erson
is looking for replacement housing.
-30_
•
•
•
d
If the acquiredwell�.n � •
g includes a use other
than
occupancy by the claimant (e.g. a commercial or
nonprofit, enterprise p e operated by the claimant o� ,
others, or a portion of
the unit rented to other
residential occupants •
occupants) , it will be necessary. to
obtain a real estate appraisal showing theo •
P rt�.on
of the acquisition '
price to be allocated for each •
use. . The owner-occupants differential payment
. shall be computed byusing ing only that portion of
value assigned to the owner ' s s residential. use.
The . clairriant may be eligible�.gzble for separate benefits
relating to the nonresidential ntial use of the acquired
.
property.
If a claimant has received all or a
portion of a •
rental assistance payment and
subsequently files
a claim for Replacement Ho �;
using Payment for Home-
!!
owners, the amount which has
been paid as rental
assistance shall be deducted
from the approved •
amount of the Replacement Housing Payment for
• Homeowners,
c.Incidental Ex ense Pa
meat,
(1) General . Certain Certain i
incdental expenses p ses may be
reimbursed if they are actually incurred by
the homeowner as a
result of purchase of re-
placement housing. Such costs may not include
any prepaid expenses .
31
:!
}1
V •
•
•. •••: • • ' ' •'.vlue*/ • 41, t.4.40.44.4.44,.44 . Y�MI+'1 �1�•'�"w".'` •ra �,r
(2) Eligible Items . Following are some costs which
may occur as incidental expenses . Others may
be approved by the displacing agency if it
g Y is
definitely determined that they are nonrecurring
ng
closing costs.
(a) Legal , closing, and related costs including
luding
title search, preparing conveyance y ce contracts,
notary fees, surveys, preparing drawings
s
or plats, and charges paid incident to
recordation.
(b) Lenders, FHA or VA appraisal fee.
ee.
(c) FHA or VA application fee.
(d) Fee for obtaining Certificate of Occupancy
or other certification of structural
soundness obrained• from the City, if such
a fee is normally charged.
(e) Fee for termite report .
• (f) Credit report.
(g) Owner ' s title policy or abstract of title.
(h) Sales or transfer taxes. •
(1) Escrow agent ' s fee. •
All claims for incidental expenses shall be
carefully reviewed with regard to listed items,
and the owner ' s responsibilityfor r such items
documented on the closing statement at close
--32-
•
• 1
. 1
1
' I
.y...... .••4..•.1+1 r IW 1r•I\r .r1..w.
of may escrow. No reimbursement be
1made for
) - any fee, cost, charge
or expense which is
determined to be a part of the debtservi•
ce or
finance charge under the Truth in Lending ends.ng Act,
Title I, Public Law 90-321, and. Regulation
Z
(12CFR226) issued pursuant thereto by
Board of Governors of the Federal Reserve
System.
Loan service fees (not to exceed
1%) and origin-
ation or discount points are an eligible g le expense
if such fees are normal
to the real estate
market in the area, as part of the interest
payment.
d. Increased Interest Payment ,
(1) General. The increased interest payment provides
compensation to the displaced owner-occupant for
increased interest costs required for financing
ng
the replacement dwelling. Thisa ment will
Y will
be made if:
(a) .the acquired q dwelling was encumbered by a
bona fide mortgage which •
was a valid lien
on the property for not less than 180 days
prior to the initiation of negotiations g for
purchase by the displacing agency;
(b) the mortgage on the replacement dwelling
bears a higher effective rate of interest
-33_
•
'.� .L � .' •! '•.d' .. • 'tit•' . .' •y..,!�Y'��'�����'iY11Nw
;,' `� "�► i::sz��i►� iIcii4Fiafb+�i�I�w'ia�+�b'�'■' ,
than the stated mortgage interest rate on
the acquired dwelling.
The increased interest payment will be based on the
amount of the mortgage encumbering the owner-occupied •
residence at the time of acquisition by the displac-
ing agency.. Any additional mortgage amount on the
replacement dwelling cannot be considered in com-
puting the payment.
(2) computation of the Increased Interest Payment.
Generally, the increased interest payment equals
Ole sum of :
•
(a) the discounted present value of the differ-
ence between the amount required to amortize
the unpaid balance of the loan on the
acquired dwelling over the remaining term
of that loan and the amount which would be
required, at the interest rate of the loan
on the replacement dwelling, to amortize
that amount over the same period of time.
•
(The interest rate used for computing this
a ment maybe the actual rate on the re-
P Y
placement dwelling, but shall be no greater
thanrevailing interest rates normall • . '
P g Y
charged by mortgage lending institutions
in the area. ) --3 4-
4,
r •
.... - -• -._... .. _' _-. -'- .- _ -..-.. -._.-.r. ... -.... _+. .•+. .. ..........r.... ..w..wr.w-......•...r+«.....w..rw.w►...,.r�r .w.w+n.rrw.gr•,,,`r.rYgMr.► +r�.•...�/.+Wr M►
The discount rate shall be the prevailing
interest rate paid on savings deposits by
commercial banks in the general area in
tt
which the replacement dwelling is located.
The displacing agency will be responsible � I
for maintaining current information with
• regard to preVailing interest rates . I
(b) debt service costs (such as points paid by
the purchase not to exceed 1% if such fees
are normal to real estate transactions
in the area. )
e. Increased Condominium Maintenance Pa ment . (1) General .
The increased condominium maintenance payment provides •
compensation to the displaced owner-occupant for •
increased maintenance cost required as part of the
ownership of the replacement dwelling. This payment
• 1
will be made of :
•
(a) The replacement condominium includes the require-
ment that the owner. join a condominium association
and pay monthly or annual dues or fees for the purpose
of maintenance and upkeep of the common areas, or if the
replacement dwelling includes the responsibility for
contribution for such maintenance and upkeep even without
such an association.
(b) Such payments are greater than those previously
paid by the displaced owner-occupant in the acquired
dwelling.
•
--35-
(2) Computation of the Increased Maintenance Payment.
The increased condominium maintenance payment equals the
discounted present value of the difference between the
amount paid by the displaced owner-occupant at the .
acquired dwelling and that amount the owner-occupant
would be required to pay at a comparable replacement
condominium determined by the agency using the compa-
rable or schedule method set forth in Section 3 (b) above
for a period of five (5) years from the . date . of the
acquisition of the replacement condominium. For pur-
poses of computation, the difference between the cost
of maintenance at the acquired and replacement dwelling
will be considered to be consistent during the-
five
he five (5) years such differential payment for maintenance
may be made.
f. Disbursement of Replacement Housing Payment for
Homeowners. The payment may be made directly to
the claimant, or ' all or a portion may be paid into
escrow on behalf of the claimant. Payments will
be issued in accordance with written authorization
from the claimant. All amounts paid must be
supported by closing statments and other necessary
documentation which will be retained in the family
or individual case file.
g. Inspection of the Replacement Housing Unit. In
addition to the inspection described in Section VI,
paragraph 2b (4) (a) the following shall be requ i re:I
as documentation with the claim for Replacement
Housing Payment for Homeowners :
-36-
.
-36--
.:i. M
4) •
f "
V _
4
I1! - -.. — _z .. .. • .. f•ta... . ,i. ...l... .... .....is �..4. ... ,A1d,.tt.,'d.rrI.Y r•..,....A.....^....:.'Ni •
.�rihj�.rX.MiM4..d7. `�...1.W�v.:4l M, 4 41/4'....A.r.r.1.64, "..64..i N`• ,`
4, .
fit • (1) certification from
the� City Building
i :.:�,r Department
thatthehousing replacement housing meets all require-
rnents for occupancy;
Al (2) certification from a licensed pest control .
operator that the
property
is free
e from .i
n
f esta .
' tion bytermites and other pests; .
' signed. (3) a statement bythe claimant verifying
f
I: .4
:sf that the replacement housing is standard, and
.
, c
assuring that in the event defects occur
n in
the housing unit subsequent to relocation, the
s
displacing agency shall in no way be held
' responsible for such defects .
'' h. Payments to Joint Owner--Occu n '
i4 pa ts. Claimants who
ski
.. jointly own and occupy an acquired dwelling and
11
gtvi
purchase and occupy separate replacement dwellings 1.
11rmust share the Replacement Housing Payment.
i. Time Limit for Filing Claims . Claims must be filed .
! within 18 months of relocation from the project ect .
. p , area.
Section VII . Business Relocation Payments
1. Moving Expense Payments . .
I. a. General . This section sets forth requirements for
�s
4 making relocation payments to businesses .nesses . As used
c
t': in this sectio, the term "business" includes
•
'f
..,,; .
37
'a
•
1/ .
.
tt ,
• T '
.14
•
.
tit
nonprofit organizations. In addition, the owner
of an outdoor display may also be considered{•� a
���•
business, solely for the purpose of determining
eligibility for moving and related expenses.
`•
1c
b. Allowable movin e
..._._ xpenses. A relocation payment '
for actual moving expenses of a business
!It concern
��.
shall be lim •ited mited to expenditures for a distance not
more than 50 miles, unless the displacing
agency
finds that relocation beyond 50 miles �s
•
Allowable moving expenses include :
��•� ' (1) Transportation of
personal property from the
acquired site to the replacement site..
(2) Packing, unpacking, cratingand •
uncrating
of personal property.
(3) Advertising for ,packin crating g a nd transpor-
tation when the displacing p g agency determines
that it is necessary.
(4) Storage of
g personal property for a period
generally not to exceed six months, when the
City or displacing agency determines g Y mines that
storage is necessary. •
(5) Insurance premiums coveringloss
and damage
of personal property while in transit or storage.
•
wriam
-38-
• • f�
1
(6) Disconnecting, dismantling, removing, reassem-
•bling, reinstallation or reconnection of machinery,
equipment, or other items not acquired as real
property, including such modification as deemed
necessary by the displacing agency. Prior to
close of acquisition escrow ownership of equip-
ment which might be considered real estate
items will be verified by lists signed by both
property owner and commercial tenant. •
(7) Reconnection of telephone service at the replace--
ment location to the extent service existed at the
location from which the business moved.
(8) Disconnection and reinstallation of burglar
alarm service.
(9) Property lost, stolen or damaged (not caused
by the fault or negligence of the displacee,
his agency or employees) in the process of moving,
where insurance to cover such loss or damage
is not available.
(10) Inspection fees required by local law or or-
dinance and licenses and permits required to
permit the operation of the business •at a new .
location.
(1l) Expenditures for relettering trucks, signs, and
similar items used by a business concern in
{
the operation of its business, and the amount
-39-
paid for printing a reasonable supply of sta-
tionary items made obsolete as a result of the
move. Generally a supply of such items which
will last approximately three months will be
considered reasonable.
(12) Costs incurred in searching for a replacement
business.
c. Nonallowable movin. ex.enses include :
(1) Cost of moving structures, improvements, or
other real property in which the displaced
person reserved ownership.
(2) Interest on loans to cover moving expenses . •
(3) Improvements to the replacement site, except
when required by law.
(4) Loss of good will
(5) Loss of profits.
(6) Loss of trained employees.
(7) Personal injury. '
(8) Cost of preparing the application for moving
and related expenses.
d. Storage Costs. If the displacing agency determines
that storage is necessary in connection with reloca
tion, costs for storage will generally be limited to
a six month period, unless the agency determines
that a longer storage period is required.
- 40_
ti
No payment for storage will be paid if items are
stored in or upon property owned or occupied by
the claimant. •
If any items are removed from storage during the
period approved by the displacing agency, the storage
costs claimed must be reduced to compensate for
such removal.
e. Costs incurred in searchin. for re•l.cement business
location. Moving expenses may include actual expenses
incurred in searching for a replacment business
location, but may not exceed $500 unless the displac-
ing agency finds that circumstances justify payment of
a larger amount.
Search expenses may include:
(1) actual travel costs;
(2) costs for meals and lodging;
(3) time spent in searching, to be compensated at
• the displaced person ' s. normal rate of pay; but
not to exceed $10 per hour;
(4) if deemed necessary by the displacing agency,
necessary borker, real estate or other professional
fees to locate a replacement location.
• All amounts claimed as part of search expenses
must be fully documented with dates, mileage, addresses,
parking fee, etc. The displacing agency shall
carefully review all documentation prior to approval .
-41-
•
f. Bid Requirements. Fixed bids will be required for
any move when the cost is estimated to exceed $500.
The authorized amount which the agency pay will a shall
be the lowest of three bids. Bids may be obtained
from three or more licensed general contracors, or
from contractors for each trade or craft. Bids for
moves over . $1, 000 shall be submitted as sealed bids •
and opened at a formal bid opening conducted by the
• displacing agency acting as agent for the claimant
for this purpose. Bids shall be solicited by the
claimant with assistance from agency staff if re-
quired.
Three estimates shall be required for moves costing
less than $500. No. formal bid opening will be
p g
•
required.
In order to allow sufficient time to obtain the
necessary bids or estimates, a business shall
notify the displacing agency of intention to move
at least 30 days prior to the anticipated date
of the move.
(1) Preparation of Bid or Estimate Specifications.
The scope of work to be covered by each bid
or estimate must be the same, therefore all •
contractors must be provided with work speci •
-
�42--
•
•
fications on each move or phase of a move.
Bid packets containing instructions for
bidding and specifications for the move shall
be prepared for distribution to contractors
who are expected to submit a bid or estimate.
Lists of items to be moved shall also be
included if appropriate.
(2) When sealed bids are required, the displacing
p g
agency shall open the sealed bids at the esta-
blished
sta-blished time and place. An authorized repre-
sentative of the business concern should be
present. Bidders may also be present at the
opening. The business concern shall be
provided with a copy of each bid.
Three estimates shall be required for moves costing
less than $500. No formal bid opening will be
required.
In order to allow sufficient time to obtain the
necessary bids or estimates, a business shall
notify the displacing agency of intention to move
at least 30 days prior to the anticipated date
of the move.
(1) Preparation of Bid or Estimate Specifications.
The scope of work to be covered by each bid
or estimate must be the same, therefore all
-43-
contractors must be provided with work speti--
fications on each move or phase of a move.
Bid packets containing instructions for
bidding and specifications for the move shall
be prepared for distribution to contractors
who are expected to submit a bid or estimate.
Lists of items to be moved shall also be
included if appropriate. •
(2) When sealed bids are required, the displacing
q placing
agency shall open the sealed bids at the esta-
blished time and place. An authorized repre-
sentative of the business concern should be
present. Bidders may also be present at the
opening. The business concern shall be
provided with a copy of each bid.
If bids are considered to be unreasonable, •
the displacing agency may obtain independent
bids or estimates as it deems necessary.
(3) Awarding of contract amount. ' When the dos--
placing agency has determined the amount of the
low bid, authorization shall be given to the
displaced business to incur costs in the amount
of the low bid. ' If the claimant decides to
award the contract to a contractor other then
the low bidder, any amount over and above
the amount of the lowest bid shall be paid by
-44-
,
44--
the claimant. In such a cose, the business
claimant shall be required to sign a statment
indicating that no compensation for such amount
will be expected or requested from the dis-
placing agency or the City.
(4) If it is not possible to. obtain three bids for
a particular category of work required as part
of a move, fewer than three bids may be accepted
by the agency. Full explanation of the reason
for the inability to obtain the required num-
ber of bids must be retained in the busines
case file.
(5) Estimates of costs for reconnecting telephone
service as it exists in the location in the
project area will be obtained from a represen-
tative of the telephone company prior to the move.
g. Self Moves. A business concern may conduct a self-
move instead of hiring , a mover. The required
number of bids must still be required for such a
move and the claimant may submit a claim in the
amount of the lowest bid without additional documen •
-
tation.
Any claims for self-move in excess of the lowest
bid must be fully documented to show all costs
incurred. Allowable expenses may include :
_45_
1 '
t ,
(1) Amounts paid for truck and/or equipment hire .
(2) If vehicles owned by the business concern are
used, a reasonable amount to cover gas and oil
and the cost of insurance and the cost of
insurance and depreciation directly allocable
to hours and/or days the equipment is used
for the move.
(3) Wages paid for labor of persons who physically
participate in the move. These may be persons
who are employees of the business, owners of
the concern, , or persons hired specifically to
assist in the move. Labor costs will be
computed on the basis of actual hours worked
at the person ' s regular hourly rate of pay,
but not to exceed the amount paid to commercial
movers or contractors in the locality for each
profession or craft involved.
2. Moving and/or Direct Loss of Personal Property.
a. General . In addition to or instead of actual
moving expenses, a business may receive a payment
for actual direct loss of property for any of its
tangible personal property which it chooses not
to relocate.
-4 6_
i
The displacee must make an effort to sell the
personal property, and such efforts must be fully
documented. Newspaper ads and contacts with possible
buyers may be
used, as well as auction s,zles after
reasonable public notice.
b. Amount of �_.,
Pro tY Loss Payment. The property loss
er
payment maynot exceed the estimated reasonable
expense of
movingthe property on which the business
plans to take a direct loss . For purposes of
dete
rmimm �g the amount of this payment, the agency
shall obtain a professional appraisal of the pro-
perty i
n order to determine fair market: value and an
estimate of the cost of moving the property from a
licensed mover or other contractor. The displacing
pay
will the costs of estimating services
for this purpose. (No payment for services will be
allowable
to contractors submitting bids as required
•
under Section VII 1.F. )
•
The claimant must attempt to sell the property by
making
reasonable efforts over a period of time to
buyers, Newspaper ads, personal
interest prospectiveY
and telephone contacts may be used, but a sale to
relatives or associates shall not be considered a ,
bona fide sale, except in meeting the terms and
conditions of the highest and best bid.
-47-
•
The net proceeds from the sale ofro will petty will be
determined by deducting reasonable expenses related
to the sale from the gross amount . Allowable
expenses include auctioneer fees, sales commissions,
advertising costs, costs of delivery of items sold,
if required.
To determine the amount of thero ert loss
p P Y payment,
the net proceeds from the sale shall be deducted
from the fair market value of the property. This'
amount represents the value not recovered through
sale. The actual payment shall be the value not
recovered through the sale, or the estimated cost
of moving the property, whichever is lower.
3. Property of High Bulk and Low Value. In computing amount
of payment to be made to businesses whose personal property is
of high bulk and low value (e.g. , items in junkyards,
stockpiles
of sand, gravel, minerals, etc. ) , the agency shall y determine
whether the estimated cost of moving such property dispro-
portionate
dis ro--
portionate in relation to its value. In such a case, aP Y a ment
for moving expenses maybe ,made in an amount not to exceed the
cost of replacing the property with comparable items available
on the market and the amount which probably would have been re-
ceived for liquidating the property.
The displacing agency must obtain a moving estimate and
an appraisal as documentation for the claim.
--.48-
4 . Payment In Lieu of Movin• and Related Ex•enses
a. General. A payment in lieu of moving and related
expenses may be made to a business that elects
to receive such payment and meets the eligibility
ty
requirements as described below.
b. Amount of Payment. The payment shall be equal to
the average annual net earnings of the business
concern for the five years immediatelyrecedin
P q
displacement, or such other period as the dis-
placing agency determines to be ,
e uitable but
equitable,
not less than $2 , 500 nor more than $10 , 000. --
Pay
ment to an organization which does not operate
p ate
for profit shall be a fixed amount of $2, 500.
c. EI igibil ity Requirements.
(1) In order to be eligible for in lieua --
P Y
ments as set forth in this subsection 4 ,
the business claimant must meet theenera
g 1
eligibility requirements set forth in Section
II as well as the following requirement :
(a) the claimant must be in occupancy p Y of the
•
-49-
•
-49--
•
building acquired or rehabilitated pursuant
to an owner participation agreement both one
year prior to the date of adoption of the
Redevelopment Plan and on the date of receipt
of written notice from the acquiring agency
or property owner respectively to vacate real
property.
(2) Businesses. To establish eligibility, the displacing
agency must determine whether:
(a) the business contributes substantially
to the income of the claimant;
(b) the business is not part of a commercial
enterprise having at least one other
establishment not being acquired, which
is engaged in the same or a similar
business;
(c) the business cannot be relocated without
a substantial loss of its existing
patronage.
The determination that there will be a sub-
stantial loss of existing patronage shall be
made only after consideration of all circum-
stances including, for example : the types of
business conducted by the displaced person;
-50-
f .
1 1
•
the nature of the clientele; the geographic
area principally served by the business; the
availability of a suitable replacement loca-
tion for the displaced business.
Separate legal entities will not be paid more
than one payment if they actually constitute
one business. The displacing agency shall
consider the following factors in determining
whether more than one business is involved:
(a), the extent to which the sameremises
p ,
facilities, and equipment are shared;
(b) the extent to which business functions
are interrelated or substantially
identical;
(c) the extent to which the separate entities
are presented to the public as one
business, and to those normally dealing
with the entities;
(d) the extent to which the sameP erson or
persons control, own, or manage the
affairs of the businesses.
-51-
claimants determined to be operating more than
one business may be eligible for more than
one payment under this section or preceding sections
describing actual moving and property loss
payments.
The agency must also determine whether the
business contributes a substantial portion
of the claimant' s income. A business shall b .
considered to contribute substantially to the
income of the claimant if it contributes at
least one-third of the total annual income.
The displacing agency may employ some flexi-
bility in making this determination in very
special cases. For example, an elderly person
operating a rental unit or units may depend to
a large extent on such income, but not meet
the one-third requirement. In such cases,
the relative value of the rental income to
the total shall be considered in making the deter-
mination. '
(3) Nonprofit Organizations . A nonprofit organi-
zation
rgani--nation may be entitled to a payment in lieu
of moving and related expenses in an amount
not to exceed $2, 500 when it is determined
that :
(a) the organization cannot be relocated
without substantial loss of existing
patronage; and
-52-
.
-52--
(b) the organization is not part of a commer-
cial enterprise having at least one other
establishment not being acquired. (For
example, a church which is determined to .
be an independent congregation might be '
eligible; a church which is part of an
organized group ofchruches will not. )
d. Documentation in S p prt_of _a Cl irn. Claims will
be supported by any available reasonable evidence
of earnings. For claimants who file tax returns,
copies of the filed returns (bearing signatures)
shall be used. For nonprofit organizations and
claimants not required to file tax returns, profit
and loss statements and records of the operation may be
used to substantiate earnings.
Section VIII. Grievance Procedure
Any person dissatisfied with a determination with regard to
eligibility for, or amount of, a relocation payment, or dissatis-
fied with services rendered in the process of relocation, may
have his case reviewed. The claimant' s first appeal shall be
submitted orally or in writing to the Executive Director of the
displacing agency within ninety (90) days following the move from
the ,project area, or the agency 's decision on a claim, whichever is
later.
The Executive Director of the displacing agency shall issue
a decision within thirty (30) days of receipt of the appeal .
-53--
a
The claimant may appeal further to the Redevelop-
ment Agency Board appointed by the City' s governing body
within 30 days of receipt of the decision by the Executive
Director of the agency. A hearing will be conducted by
the Board within 15 days and a recommedation forwarded
to the agency within 15 days following completion of the
hearing.
A determination will then be made by the displacing
agency with regard to the case, within 15 days following .
receipt of the Board ' s recommendation.
The claimant may, at his own expense, be represented
by legal or other counsel .
•
•
-54-
•
•
IX AMENDMENTS AND CONDITIONS
A. Amendments Included in City of Miami Beach Resolution
No. 77--15283 Ado ted on March ,2, 1977
•
The following amendments and conditions with respect to
the Redevelopment Plan for the South Beach Redevelopment
Project are hereby adopted and made a part of such Redevelop-
ment Plan:
(a) The City Council retains the right to modify the
Community Redevelopment Plan as provided by Section 163 . 360
(7) Florida Statues, a codified section of the Community
Redevelopment Act of 1969, as amended.
* (b) Regarding the grievance procedure as set forth in
paragraph XII of the Relocation Plan adopted hereby there is
to be established a three member board to hear such grievances,
such board to be composed of a member of this Council, a member
of the Redevelopment Agency, and a member of the Miami Beach
Housing Authority. The terms of these members are to be
staggered in the manner to be set forth by this council .
A party who files a grievance will sign an agreement to be
bound by the decision of the Grievance Board.
Upon hearing a grievance, such board will render its •
decision and forward it to the Redevelopment Agency with
the time specified in paragraph XII of the Relocation Plan,
and the Agency as well as the grievant will be bound by the
decision of such board. Any procedure concerning the decision
of the aforesaid Board set forth in Paragraph XII of the Reloca-
tion Plan which is inconsistent with the aforesaid procedure is
hereby amended and superseded by this amendment.
(c) There is to be established a committee called the
"Relocation Social Assistance Committee " to be composed of
one staff member from the Social Services division of the City
of Miami Beach, and one staff member from Citizens Services,
each to be appointed by the City Manager, and one member of
the Miami Beach Redevelopment Agency Citizens Advisory committee
to be selected by such Committee.
(d) ' In the event that any subordination pf real .property
owned by the City of Miami Beach or the Redevelopment Agency.
is permitted by the Constitution and laws of the State of
Florida and subordination is considered or proposed by the
Redevelopment Agency, such proposal shall be submitted to the
City Council for ratification or otherwise, and no subordination
agreement shall be valid without ratification by the City Council .
•
*This section is further amended by Resolution 77-15291 ,
adopted on March 30, 1977
-55-
•
-55--
•
(e) Revenue Bonds issued in the furtherance of
the imple-
mentation of the Redevelopment Plan shall not pledge the faith
or credit of the Cityofg
Miami Beach and the bonds shall so
recite.
(f) With respect to the remuneration portion of the relo-
cation procedure, owners of condominiums, cooperatives, private
to
homes or duplexes, or other property owners residingtherein
shall have the privilege of
p g selecting, i,f they so desire, a
unit in the redevelopment area of Miami Beach, or elsewhere,
which is a comparable unit to the one they were occupying in at
the time of the relocation, in lieu of the financial remunera.,
tion specified in the redevelopment plan, providing that the
cost of such unit does not exceed the total of the value of
their property as determined by negotiation or an eminent domain
proceeding plus the amount they would have been. entitled to re-
ceive for relocation expenses . Determination of the com arabilit
of a unit maybe determined byp
agreement between the property
owner and the Redevelopment Agency or by reference to the
Grievance Committee for determination if no agreement can be
reached.
(g) All persons in the project area who, at the time
of
relocation, are 65 years or older, and who otherwiseualif
q Y
under the relocation plan, shall be entitled to a permanent
rental subsidy in a sum equal to the difference between rental
paid by such persons at time of relocation, and necessary
rental payable to provide suitable housing after relocation,
or the difference between 25% of such person' s income and such
necessary rental payments, whichever sum is greater .
(h) The Redevelopment Agency shall be required to use its
best efforts in cooperating with the City of Miami Beach to
achieve Federal or other funding for 750 permanently subsidized
low income rental housing units within the city of Miami Beach.
(1) As relates to the zoning and regconing powers of the
City applicable to redevelopment in accordance with theP ro-
visions of 163. 360 (11) F.S. , and elsewhere in the Law, Charter
and Ordinances of the City of Miami Beach, the City Council
hereby finds, determines and resolves as follows:
(1) The Council having approved the Redevelopment
Plan restates its comrnittment to the successful implementation
of the plan.
(ii) Except as provided for in the Plan itself,
there shall be no variation or modification of the Plan without
Council approval .
(iii) In order to provide a workable procedure
whereby the City Council may retain the power to approve
zoning in the project area, but which will allow for imple-
mentation P
mentation by the Miami Beach Redevelopment Agency, an ordinance
shall be adopted which will provide for the procedures by which
the Agency may implement the Redevelopment Plan. .
-56-
B. Amendments Included in Cit of Miami Beach Resolution
No. 77--1521 Adgpted March 30th, 1977 Amending
esolution No. 77-15283
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI
BEACH, FLORIDA, that Section 10 (b) of Resolution No. 77-15283
be and the same is hereby amended to read as follows:
" (b) Regarding the grievance procedure as set
forth in paragraph XII of the Relocation Plan adopted
hereby, there is to be established a three member board
to hear such grievances, such board to be composed of a
member of this Council, a member of the Redevelopment
Agency, and a member of the Miami Beach Housing Authority.
The terms of these members are to be staggered in the
manner to be set forth by this Council.
"Upon hearing a grievance, such board will render
its decision and forward it to the Redevelopment Agency
within the time specified in paragraph XII of the
Relocation Plan, and the Agency as well as the grievant
will be bound by the decision of such board, subject to
the right of either party to obtain judicial review for
departure from the plan, this Resolution, or otherwise
essential requirements of law. In the event the e
A nc
gyseeksjudicial review and does not prevail, the grievants
court costs, including reasonable counsel fees as adjudged
by the Court, shall be payable by the Agency. Any pro-
cedure concerning the decision of the aforesaid Board
set forth in Paragraph XII of the Relocation Plan which
is inconsistent with the aforesaid procedure is hereby
amended and superseded by this amendment . "
•
-57-