402 Right of Way Acquisition
CITY OF YELM
RESOLUTION NO. 402
A RESOLUTION OF THE CITY OF YELM, ESTABLISHING RIGHT-OF-WAY
ACQUISITION PROCEDURES, APPRAISAL WAIVER PROCEDURES AND
DESIGNATING STAFF AUTHORITY LIMITS IN MAKING ADMINISTRATIVE
SETTLEMENT OFFERS.
WHEREAS, City ofYelm, 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 hereby adopts the following
procedures to implement the above statutes and Washington Administrative Code, and
WHEREAS, the City Administrator is responsible for the real property acquisition and
relocation activities on projects, administered by the City of Yelm, and
WHEREAS, to fulfill the above requirements, the City Administrator 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 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 Yelm 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. Riaht-of-Way Procedures. City of Yelm has the following expertise and personnel
capabilities to accomplish these functions:
A. Program Administration -
City Administrator
Project Managers
B. Appraisal-
WSDOT and/or Consultant
C. Appraisal Review -
WSDOT and/or Consultant
D. Acquisition Negotiator -
WSDOT and/or Consultant
City of Yelm
Resolution No. 402
Page 1
E. Relocation-
WSDOT and/or Consultant
F. Property Management -
Public Works Supervisor/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 proposes 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 proposes 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 Yelm Appraisal Waiver Procedure. The City of Yelm 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 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 Yelm 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
$10,000.00 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 Administrator or their designated representative for
approval.
C. The City Administrator signs the AOS authorizing a first offer to the property owner(s).
City of Yelm
Resolution No. 402
Page 2
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 Neaotiator
A counter-offer of Just Compensation plus an Administrative Settlement up
to 20% of the Just Compensation, or $5,000.00, whichever is less.
B. Project Manaaer
A counter-offer of Just Compensation plus an Administrative Settlement up
to 300/0 of the Just Compensation, or $10,000.00, whichever is less.
C. City Administrator
A counter-offer of Just Compensation plus an Administrative Settlement up
to 500/0 of the Just Compensation, or $15,000.00, whichever is less.
D. City ofYelm City Council Members
A counter-offer of Just Compensation plus an Administrative Settlement
exceeding 500/0 of the Just Compensation, or a counter offer of Just
Compensation plus an Administrative Settlement of $15,000.00, or greater.
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 Yelm's procedures, contained herein, may be rescinded
at any time should City of Yelm 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.
City of Yelm
Resolution No. 402
Page 3
APPROVED this ~.t.iC day of Æ~.LuA
~:i1A__ / Jr¡ - ¿J 4
Ka~; M.r~oìf. Mayor
ATTEST:
. :' '}
A:~~.t.~ic~t~~~asurer
City of Yelm
C~~d~inist~r .
r:;:-y¡.JJ11/'{' /fJtt dcÆ/Iv
Stlelly Ba~er !J
¡ 1~{J[)
Date
Acknowledged by:
Washington State Department
of Transportation Representative
City of Yelm
Resolution No. 402
, 2000.
Date
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