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031-07 - Resolution - Right-of-Way Acquisition ProceduresRESOLUTION NO. 031-07 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING AND ADOPTING RIGHT OF WAY ACQUISITION PROCEDURES AND DELEGATING TO THE DIRECTOR OF PUBLIC WORKS CERTAIN AUTHORITY TO WAIVE APPRAISALS AND TO REACH ADMINISTRATIVE SETTLEMENTS WHEREAS, the City of Port Orchard has commenced a project to widen Tremont Street from Highway SR 16 to its intersection with Port Orchard Boulevard, which project will require the City to acquire right of way and other real property rights; and WHEREAS, the City desires to ensure that all real property and other real property rights for the Tremont Street widening project and future road improvement projects are hereafter acquired in accordance with the State Uniform Relocation Assistance and Real Property Acquisition Act, Chapter 8.26 RCW, and applicable state and federal regulations; and WHEREAS, the City must approve right-of-way acquisition procedures in order to ensure that all right-of-way and other real property rights are acquired in accordance with state and federal law; and WHEREAS, in order to facilitate the acquisition of right-of-way it is desirable to make use of the $25,000 appraisal waive process approved by the Federal Highway Administration; and WHEREAS, in order to expeditiously acquire right-of-way the City is encouraged to consider and maximize the use of administrative settlements in appropriate situations; now, therefore; THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The right of way acquisition procedures attached as Exhibit A hereto and incorporated by this reference are hereby approved and adopted; and FURTHER THAT: The Mayor is authorized to execute such documents as the Washington State Department of Transportation requires to acknowledge and approve these procedures. Resolution No. 031-07 Page 2 of 2 PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 26th day of November 2007. KIJY1 E. ABEL, MAYOR AlTEST: ADMINISTRATIVE SETTLEMENT POLICY The City of Port Orchard ("City") shall make every reasonable effort to expeditiously acquire real property by negotiation. Negotiation implies an honest effort by the City to resolve differences with property owners. Offers can be flexible and negotiation should recognize the inexact nature of the process by which just compensation is determined. The City shall endeavor to expedite the acquisition of real property by agreements with owners and to avoid litigation and relieve congestion in the courts. The City shall, to the greatest extent possible, expeditiously negotiate all fair market value offers (FMV) for the acquisition of right of way and other real property rights. However, the City recognizes the fact that differences of FMV may occur with property owners. These differences typically exceed the FMV offered by the City. In such cases, an Administrative Settlement may be necessary where the City will continue to negotiate considering all the information supporting just compensation in excess of FMVs. The City shall carefully consider and maximize the use of Administrative Settlements in appropriate situations. The City's negotiator will work with City staff and property owners towards a mutual and reasonable agreement of Just Compensation. All reasonable counter offers by the property owner will be submitted to the City's Public Works Director or his/her designee for review. If in agreement, the City Public Works Director or his/her designee will coordinate with the assigned negotiator and other City staff a letter of support and justification towards Administrative Settlement. The extent of the letter of support is a matter of judgment and will be consistent for all property owners, subject to the circumstances and the amount of money involved. Considerations in the letter of support shall include but not be limited to: ( 1) All available appraisals, including the owner's, and the probable range of testimony in a condemnation trial. (2) Ability of the City to acquire the property, or possession, through the condemnations process to meet the construction schedule. Impact of construction delay pending acquisition. (3) The negotiator's recorded information, including parcel details and the owners' rationale for increased compensation. (4) Recent court awards and cases involving similar acquisition and appraisal problems. (5) Likelihood of obtaining an impartial jury in the local jurisdiction; opinion of legal counsel where appropriate. (6) Estimate of trial costs weighed against other factors. Authority The Public Works Director shall have authority to waive appraisals on properties valued at $25,000.00 or less under the process outlined in Local Agency Guidelines Manual Appendix 25.146. The Public Works Director shall have the authority to sign City concurrence with the waiver valuation as Just Compensation and authorize the commencement of negotiations. The Public Works Director shall have the authority to sign City concurrence with the Appraisal Review (Determination of Value) as Just Compensation and authorize the commencement of negotiations. Administrative Settlements that do not exceed $2,500.00 or ten percent of the City's Determination of Value, whichever is greater, may be approved by the Public Works Director. A diary entry, signed by the Public Works Director, shall be placed in the file. Administrative Settlements that exceed $2,500.00 or ten percent of the City's Determination of Value, whichever is greater, shall be approved by the City Council. All Administrative Settlements will be documents, thoroughly justified, and shall be set forth in writing.