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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 Page 4