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Home My WebLink About09-008 Revising res#00-058, right-of-way acquision and appraisal waiver procedures, and staff authority limitsRESOLUTION NO. 09-008 A RESOLUTION OF THE CITY OF PORT TOWNSEND REVISING RESOLUTION 00-058, CONCERNING RIGHT-OF-WAY ACQUISITION PROCEDURES, APPRAISAL WAIVER PROCEDURES AND DESIGNATING STAFF AUTHORITY LIMITS IN MAKING ADMINISTRATIVE SETTLEMENT OFFERS WHEREAS, City of Port Townsend, desiring to acquire Real Property in accordance with the State Uniform Relocation Assistance and Real Property Acquisition Act (Ch. 8.26 RCW) and State Regulations (Ch. 468-100 WAC) and applicable Federal Regulations adopted the procedures in Resolution 00-058 to implement the above statutes and Washington Administrative Code, and now desires to update and modify that Resolution by this Resolution (with changes shown in strike underline), and WHEREAS, the City Manager is responsible for the real property acquisition and relocation activities on projects, administered by the City of Port Townsend, and WHEREAS, to fulfill the above requirements, the City Manager will acquire rights-of- way in accordance with the policies set forth in the Washington State Department of Transportation (WSDOT) Right of Way Manual (M26-Ol) and Local Agency Cruidelines Manual (M36-6), and WHEREAS, the following Right-of--Way Acquisition Procedures appoints staff responsible for the various elements of the right-of--way acquisition process, and NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Port Townsend that the City adopt the following Right-of--Way Acquisition Procedures, Appraisal Waiver Procedure and Administrative Settlement Offer Authority Limits for the acquisition of real property: Section 1. Right-of-Way Procedure. City of Port Townsend has the following expertise and personnel capabilities to accomplish these functions: A. Program Administration- City Manager Project Managers under direction of the Public Works Director B. Appraisal- WSDOT and/or Consultant C. Appraisal Review- WSDOT and/or Consultant D. Acquisition Negotiator- City Attorney. WSDOT and/or Consultant E. Relocation- WSDOT and/or Consultant Resolution 09-008 Property Management- Public Works Director /City Engineer Project Managers Any functions for which the Agency does not have staff will be contracted for with WSDOT, another local agency with approved procedures or an outside contractor. An AGENCY that proposed to use outside contractors for any of the above functions will need to work closely with the WSDOT Local Agency Coordinator and Highways and Local Programs to ensure all requirements are met. When the AGENCY proposed to have a staff person negotiate who is not experienced in negotiation for FHWA funded projects the Coordinator must be given a reasonable opportunity to review all offers and supporting data before they are presented to the property owners. Section 2. City of Port Townsend Appraisal Waiver Procedure. The City of Port Townsend desiring to acquire Real Property according to 23 CFR, Part 635, Subpart C and state directives and desiring to take advantage of the ~~U~d(1&A0$25.900 appraisal waiver process approved by the Federal Highway Administration for Washington State, hereby agrees to follow the procedure approved for the Washington State Department of Transportation as follows: RULES A. The City of Port Townsend may elect to waive the requirement for an appraisal if the acquisition is simple and the compensation estimate indicated on the Project Funding Estimate (PFE) is $~882~.000 or less including cost-to cure items. B. The Agency must make the property owner(s) aware that an appraisal has not been done on the property and that one will be completed if they desire. C. Special care should be taken in the preparation of the waiver. As no review is mandated, the preparer needs to assure that the compensation is fair and that all the calculations are correct. PROCEDURES A. An Administrative Offer Summary (AOS) is prepared using data from the Project Funding Estimate (PFE). B. The AOS is submitted to the City Manager or designated representative for approval. C. The City Manager signs the AOS authorizing a first offer to the property owner(s). Just Compensation includes amounts fur the value of the lands and improvements acquired for the project, uneconomic remnants, damages, and deductions for special benefits. Section 3. Administrative Settlement Offer Authoritylimits. Administrative settlements may be required, in addition to Just Compensation in order to acquire needed Right-of Way. Administrative Settlements can help mitigate or eliminate costly condemnation litigation and project construction schedule delays. The Project Resodvdion 09-008 Parcel Negotiation Diary shall contain rationale, justification and/or documentation for the Settlement Offer. The authority granted to City officials to provide Administrative Settlement Offers is as follows: A. Acquisition NeQOtiator A counter-offer of Just Compensation plus an Administrative Settlement up to ono r„~+r„ --$5,000.00, a:i:,h:, .-~ ~ B. Proiect Manager A counter-offer of Just Compensation plus an Administrative Settlement up to C. City Manager A counter-offer of Just Compensation plus an Administrative Settlement up to .nui ~~,w. r + ~~,. ,....:,.., .. $15,000.00, ..-~~e-r-is-1cT,. -.moo,-nnz,,.. , D. City of Port Townsend Citv Council ~= no[~ r~n",* r'~~-~ ~^°^~^^ °" counter offer of Just Compensation plus an Administrative Settlement exceeding c~-$15,000.00 fir. Section 4. All projects shall be available for review by the Federal Highway Administration and the State of Washington at any time. All project documents shall be retained and available for inspection during the plan development, right-of--way and construction stages and for a three (3) year period following acceptance of the projects by WSDOT. Section 5. WSDOT approval of City of Port Townsend's procedures, contained herein, may be rescinded at any time should City of Port Townsend be found to no longer have qualified staff or is found to be innon-compliance with applicable WSDOT regulations. The rescission may be applied to all or part of the functions approved. APPROVED BY the City Council and signed by the Mayor this 2°a day of February 2009. Arrest: Pamela Kolacy, MMC ~ C,(-<-Fif.c-c bdZ~--u_{~t~ ayor Sandoval Approved as to Form: Jolm alts, City Attorney Reso(uaion 09-008 WASHINGTON STATE DEPARTMENT OF TRANSPORTATION Approved by: Real Estate Services Date Resolution 09-008