HomeMy WebLinkAbout14-053 Right of Way Acquisition Procedures Resolution 14-053
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Resolution No. 14-053
A RESOLUTION OF THE CITY OF PORT TOWNSEND REVISING RESOLUTION 09-
008, 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 09-008 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 (M26-01) and Local Agency Guidelines; and
WHEREAS, the following Right-of-Way Acquisition Procedures appoints staff
responsible for the various elements of the right-of-way acquisition process;
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
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E. Relocation-
WSDOT and/or Consultant
F. Property Management-
Public Works Director/City Engineer
Project Managers
Any functions for which the City of Port Townsend does not have staff will be
contracted for with WSDOT, another local agency with approved procedures or
an outside contractor. if the City of Port Townsend proposed to use outside
contractors for any of the above functions the City will need to work closely with
the WSDOT Local Agency Coordinator and Highways and Local Programs to
ensure all requirements are met. When the City of Port Townsend 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 $25,000 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 $25,000 or less including cost-to cure items. A True
Cost estimate shall not be used with this procedure.
B. The City of Port Townsend must make the property owner(s) aware that an
appraisal has not been completed on the property for offers $10,000 or less.
C. The City of Port Townsend must make the property owner(s) aware that an
appraisal has not been completed on the property for offers over$10,000 and up
to $25,000, and that an appraisal will be prepared if requested by the propert y
owners .
D. 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).
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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 for the value of the lands and improvements acquired for
the project, uneconomic remnants, damages, and deductions for special benefits.
Section 3. Administrative Settlement Offer Authority limits. 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 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 Negotiator
A counter-offer of Just Compensation plus an Administrative Settlement up to
$5,000.00.
B. Project Manager
A counter-offer of Just Compensation plus an Administrative Settlement up to
$10,000,00.
C. City Manager
A counter-offer of Just Compensation plus an Administrative Settlement up to
$15,000.00.
D. City of Port Townsend City Council
A counter offer of Just Compensation plus an Administrative Settlement
exceeding $15,000.00.
Section 4. All projects shall be available for review by the Federal Highway
Administration and the Washington State Department of Transportation 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 in non-compliance with applicable WSDOT
regulations. The rescission may be applied to all or part of the functions approved.
This Resolution supersedes and replaces Resolution 09-008 in its entirety.
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ADOPTED by the City Council of the City of Port Townsend at a regular meeting
thereof, held this 6tht day of October, 2014.
David King
Mayor
Attest: Approved as to form:
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Joanna Sanders, CMC Steven L. Gross
City Clerk City Attorney
WASHINGTON STATE DEPARTMENT
OF TRANSPORTATION
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Approved by: ;V�bs-
Real Estate Services Date