HomeMy WebLinkAbout16-99
RESOLUTION NO. 16-99
A RESOLUTION of the City Council of the City of Port Angeles,
Washington, adopting state and federal right-of-way acquisition
procedures, rescinding previously adopted right-of-way acquisition
procedures, and repealing Resolutions 16-80 and 30-86.
WHEREAS, in Resolutions 16-80 and 30-86, the City Council adopted state and federal
ight-of-way acquisition procedures; and
WHEREAS, these procedures were required in order for the City to be certified in the
cquisition of right-of-way for federally funded projects which the City locally administers; and
WHEREAS, the state and federal right-of-way acquisition procedures were changed
ffective March 23, 1998; and
WHEREAS, the City of Port Angeles needs to adopt the revised state and federal right-
f-way acquisition procedures in order to be eligible for federal highway funds to construct roadway
rojects or purchase rights of way;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Port
ngeles as follows:
Section 1. The state and federal right-of-way acquisition procedures, as now or
ereafter amended, are hereby adopted as set forth in the attached Exhibit A.
Section 2. Resolutions 16-80 and 30-86 are hereby repealed.
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PASSED by the City Council of the City of Port Angeles at a regular meeting of said
ouncil held on the -.2nd. day of Nov~m h~r , 1999.
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Exhibit A to Resolution 16-99
Right-of-Way Procedures
Agency City of Port An~eles
Agency No. 0990
The City ("AGENCY"), 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.
468-1 00 WAC) and applicable federal regulations hereby adopts the following procedures to
implement the above statutes and Washington Administrative Code. The Public Works
("Department") of the AGENCY is responsible for the real property acquisition and relocation
activities on projects administered by the AGENCY. To fulfill the above requirements the Public
Works ("Department") will acquire right-of-way in accordance with the policies set forth in the
Washington State Department of Transportation Right of Way Manual (M26-0 1) and Local Agency
Guidelines manual (M 36-6). The AGENCY has the following expertise and personnel capabilities
to accomplish these functions:
1. (1) PROGRAM ADMINISTRATION
Deputy Director of Public Works and Utilities/City Engineer
Agency Posilion
(2) APPRAISAL
Consultant
Agency Position
(3) APPRAISAL REVIEW
Consultant
Agency Position
(4) ACQUISITION
Consultant
Agency Position
(5) RELOCA nON
Consultant
Agency Position
(6) PROPERTY MANAGEMENT
Property Manager
Agency Position
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Exhibit A to Resolution 16~99
2.
WAIVER OF APPRAISAL
The City desiring to acquire Real Property according to 23 CFR, Part 635, Subpart C and
State directives and desiring to take advantage of the $10,000.00 appraisal waver 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 Angeles may elect to waive the requirement for an appraisal ifthe
acquisition is simple and the compensation estimate indicated on the PFE (Project Funding
Estimate) is $10,000.00 or less including cost-to cure items. Cost to cure items shall be
limited to fencing, utility rehabilitation, driveway rehabilitation and landscaping.
B. The City 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 PFE.
B. The AOS is submitted to the Director of Public Works and Utilities for approval.
C. The City Manager signs the AOS authorizing a first offer to the property owner(s).
3. Administrative Procedures
Administrative Settlements are occasionally required in addition to just compensation in
order to acquire needed right-of-way through negotiation. These Administrative Settlements
can help eliminate costly condemnation litigation and project construction schedule delays.
The Project Parcel Negotiation Dairy shall contain rational, justification and/or
documentation for the settlement offer. The level of authority to offer Administrative
Settlements shall be as follows and final approval will rest with the City of Port Angeles City
Council:
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Exhibit A to Resolution 16-99
A. Acquisition Negotiator - Just compensation plus up to $5,000 Administrative
Settlement.
B. Program Administrator - Just Compensation plus up to $10,000 Administrative
Settlement.
C. City of Port Angeles City Council - All settlements exceeding Program
Administration authority.
4. All projects shall be available for review by the FHW A and the state at any time and all
project documents shall be retained and available for inspection during the plan
development, right-of-way and construction stages and for a three year period following
acceptance of the projects by WSDOT.
5. Approval of the AGENCY's procedures by WSDOT may be rescinded at any time the
Agency is found to no longer have qualified staff or is found to be in non-compliance with
the regulations. The rescission may be applied to all or part of the functions approved.
On. .1j
Mayor \
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November 2. 1999
Date
WASHINGTON STATE DEPARTMENT
OF TRANSPORTATION
Approved By:
Real Estate Services
Date
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