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1274 - Resolution - Right-of-Way Acquisition ProceduresRESOLUTION NO. 1274 A RESOLUTION OF THE CITY OF PORT ORCHARD, ADOPTING RIGHT-OF-WAY ACQUISITION PROCEDURES THE CITY COUNCIL OF THE CITY OF PORT ORCHARD DO HEREBY RESOLVE: THAT: The City Council of the City of Port Orchard does hereby adopt the attached Right -of -Way Acquisition Procedures of the City of Port Orchard, and THAT: The Mayor of the City of Port Orchard be and hereby is authorized to sign the Right -of -Way Acquisition Procedures of the City of Port Orchard. PASSED by the City Council and APPROVED by the Mayor this 26th day of July, 1982. PAUL D. POWERS, JR., MASOR ATTEST: R. G. Lloyd, City k PART ONE - RIGHT-OF-WAY ACQUISITION PROCEDURES OF THE CI'rY OF PORT ORCHARD POLICY STATEMENT: The City desiring to acquire Real Property in accordance with the State Uniform Relocation Assistance and Real Property Acquisition Act (RCW Ch. 8..26) and State regulations (WAC Ch. 365-24) hereby adopts the following procedures to implement the above statute and Washington Administrative Code. The Engineering Department of the City is responsible for the realproperty acquisition and relocation activities on projects administered by the City. To fulfill the property acquisition -relocation assistance role in development and implementation, the Engineering Department will provide the following expertise and personnel capabilities and will accomplish these functions under the following procedures: A PERSONNEL AND DUTIES 1.. CITY ENGINEER Administers a].1 activities of the Court and Right -of. -Way Section, including support to the Law Department in litigation, environmental law compliance and the property acquisition programs for the Department. Assures compliance with appro- priate City ordinances and resolutions, State statutes, rules and regulations which pertain to real property acquisition and relocation assistance. 2. APPRAISERS Administers all appraisal activities, including estimates of right-of-way costs and appraisals of fair market value to assure that the City appraisal process complies with appropriate City, County and State statutes, laws, rules and regulations. He coordinates and assigns all appraisal work, hires WSDOT or contract (fee) appraisers, maintains permanent files on all appraisals. The WSDOT reviews all appraisals to determine the adequacy and reliability of supporting data and .to approve an adequately supported appraisal report -which represents fair market value. The WSDOT researches market data to assure up to date information on the real estate market and provides court testimoney on appraisals for condemnation. -1- 3. RELOCATION SPECIALIST WSDOT OR A QUALIFIED ORGANIZATION WILL HANDLE ALL RELOCATION. In compliance with City, County, State law, appropriate rules and regulations, gives notice of relocation assistance at the time of or subsequent to initiation of negotiations according to time limits determined by the funding agency. Prepares letter to property owner explaining entitlements. Prepares appropriate relocation claims. Is knowledgeable in State guidelines for relocation assistance and real property acquisition policies.. If the project does not require relocation, prepares letter disclaiming necessity to prepare relocation plan. Prepares Relocation Assistance Program Plan for projects requiring re- location assistance. Carries out same. Makes field inspections of available substitute housing to insure decent, safe and sanitary qualifications. Meets with and interviews all dis- placees as to their needs, offering services and advice on continuing basis. 4. CITY ENGINEER OR CITY ATTORNEY Advises owners of need for project, of impact upon their pro- perty and of their rights under Public Law RCW Ch. 8.26. Reviews project plans, appraisals and instruments for adequacy as to real property considerations. Coordinates and assigns all negotiation Requirements. B. FEDERAL -AID REQUIREMENTS CHECKLIST 1. REFERENCE REAL PROPERTY MUST BE APPRAISED BEFORE INITIATION OF NEGOTIATIONS WITH THE OWNER. Property acquired by the City for Public Works projects will be appraised by a qualified WSDOT or fee appraiser with appro- priate appraisal review before initiation of negotiations with the owner. 2. REFERENCE OWNERS MUST BE GIVEN AN OPPORTUNITY TO ACCOMPANY EACH APPRAISER DURING HIS INSPECTION OF THE PROPERTY. The appraiser will contact the owner and extend an invitation for the owner to accompany the appraiser during his inspection of the property. Appointment should be made at the owner's convenience.- -2- S. REFERENCE THE ACQUIRING AGENCY MUST ESTABLISH JUST COMPENSATION BEFORE INITIATION OF NEGOTIATIONS WITH THE OWNERS. The City will establish just compensation from the WSDOT Review' Appraiser's estimate of value before negotiating with any owner. Any amounts paid over just compensation for the property will be an administrative settlement and will be so documented in the acquisition file as to the justificationused in arriving at the amount of the settlement. However, in an administrative or stipulated settlement, payment will not be made by the person who determined the settlement. 4. REFERENCE NO INCREASE OR DECREASE IN THE FMV DUE TO THE PROJECT, EXCEPT PHYSICAL DETERIORATION, IS TO BE CONSIDERED IN THE VALUATION OF THE PROPERTY. During the appraisal process, the City will not consider any factors of the project that would influence the valuation of the property, except physical -deterioration wherever appropriate.. 5. REFERENCE APPRAISALS ARE NOT TO GIVE CONSIDERATION NOR INCLUDE ANY ALLOW- ANCE FOR RELOCATION ASSISTANCE BENEFITS. The appraisers will not consider relocation assistance benefits in their appraisal process in establishing fair market value for the property to be acquired. 6. REFERENCE THE OWNER IS NOT TO BE LEFT WITH AN UNECONOMIC REMNANT THAT THE ACQUIRING AGENCY DID NOT OFFER TO ACQUIRE. Pursuant to RCW 8.26.180, Paragraph 9, the City during acqui- sition of a portion of the owner's property will not leave an uneconomic remnant without offering to acquire the entire property from the owner. 7. REFERENCE THE OWNER IS TO BE GIVEN A WRITTEN STATEMENT OF THE AMOUNT EASTABLISHED AS JUST COMPENSATION, A SUMMARY OF THE BASIS FOR THE AMOUNT OF JUST COMPENSATION, AND WHERE APPROPRIATE, THE JUST COMPENSATION FOR REAL PROPERTY ACQUIRED, AND DAMAGES ARE TO BE SEPARATELY STATED IN THE WRITTEN STATEMENT. The City will give to the owner at the initiation of negotiation a written statement known as the "fair market letter". That statement will be the amount of just compensation. based on a review and analysis of an appraisal(s) made by a'WSDOT appraiser with a summary thereof, showing the basis for just compensation. Included in the fair offer letter will be identification of the real property to be acquired, including the estate or interest being acquired. There will be, when appropriate, the identifi- cation of the improvements and fixtures considered to be part of the real property to be acquired. The fair offer letter will show that portion of the just compensation is considered the amount of damages to the remaining property. At the initiation of the negotiation with the owner the City will give to the owner an Acquisition Brochure furnished by the Washington State Department of Transportation. 8. REFERENCE NO OWNER SHALL BE REQUIRED TO SURRENDER POSSESSION BEFORE THE AGREED PURCHASE PRICE HAS BEEN PAID OR THE APPROVED AMOUNT OF COMPENSATION HAS BEEN PAID INTO THE COURT. The City will not require the owner or tenant to surrender possession of the property before 90 days after the agreed purchase price has been paid or the approved amount of compen- sation has been paid into court. The 90 day notice may be reduced only in the event the the property being acquired is unimproved, contains no personal property and is not: being utilized by the owner or tanant. 9. REFERENCE ALL DISPLACED PERSONS MUST BE GIVEN A 90-DAY NOTICE IN ADVANCE OF THE DATE THEY ARE REQUIRED TO MOVE. The City will contract with a qualified organization to provide relocation assistance to an owner or tenant. 10. REFERENCE THE RENTAL AMOUNT CHARGED TO OWNERS AND/OR TENANTS PERMITTED TO OCCUPY THE PROPERTY SUBSEQUENT TO ACQUISITION MUST NOT EXCEED THE FAIR MARKET RENTAL VALUE TO A SHORT-TERM OCCUPANT. Rental amounts charged to owners and tenants occupying the prop- erty subsequent to acquisition will not be excess of the fair rental amount of a short-term occupant. -4- 11. REFERENCE NO ACTION MUST BE TAKEN TO ADVANCE CONDEMNATION, DEFER NEGO- TIATIONS OR CONDEMNATION OR TAKE ANY OTHER ACTION COERCIVE IN NATURE IN ORDER TO COMPEL AN AGREEMENT ON THE PRICE TO BE PAID FOR THE PROPERTY. Every reasonable effort will be made to acquire expeditiously real property by negotiations without exercising the right of Eminent Domain. No actions will be taken to advance condemnation, defer negotiations or condemnation or take any other action coercive in nature 'in order to compel an agreement on the price to be paid for the property. 12. REFERENCE THE ACQUIRING CITY MUST.ACQUIRE AN EQUAL INTEREST IN ALL BUILD- INGS, ETC., LOCATED -UPON THE REAL PROPERTY ACQUIRED. When any interest in real property is acquired, at least an equal interest will be acquired in all buildings, structures, or other improvements located upon the real property so acquired and which is required to'be removed from such real property or which will be adversely affected by the use to which such real property will be put. 13. REFERENCE THE ACQUIRING CITY MUST PAY RECORDING FEES, TRANSFER TAXES, ETC., PENALTY COSTS FOR PRE-PAYMENT`OF A PRE-EXISTING MORTGAGE AND THE PRORATA SHARE OF REAL PROPERTY TAXED PAID SUBSEQUENT TO VESTING TITLE IN THE ACQUIRING CITY. The City will comply with RCW 8.26.200 and will pay direct or reimburse the owner for expenses necessarilly incurred in the acquisition for: Recording fees, transfer taxes, and similar expenses incidental to conveying such real property to the acquiring City; Penalty costs for full or partial prepayment of any pre-existing recorded mortgage entered into in good faith encumbering such real property; The pro-rata portion of real property taxes paid which are allocable to a period subsequent to the date of vesting title in the acquiring City, or the effective.date of possession of such real property by the acquiring City, whichever is the earlier. -5- 14. REFERENCE NO PROPERTY OWNER CAN VOLUNTARILY DONATE HIS PROPERTY PRIOR TO BEING INFORMED OF HIS RIGHT TO RECEIVE JUST COMPENSATION. A donation or gift of real property will be accepted only. after the owner has been fully informed of his right to receive just compensation. 15. REFERENCE PROVISIONS HAVE BEEN MADE FOR RODENT CONTROL SHOULD IT BE NECESSARY. If rodent control should become necessary in the project, the City will make provisions to maintain control or eradicate the rodents. 16. REFERENCE NO OWNER WAS INTENTIONALLY REQUIRED TO INSTITUTE LEGAL PROCEED- INGS TO PROVE THE FACT OF THE TAKING OF HIS REAL PROPERTY. No Owner will be intentionally required to institute legal proceedings to prove the fact of the taking of his real property. The City to promote more convenient administration of federal -aid projects will require that right-of-way plans, contracts, deeds, appraisals, options, vouchers, correspondence and all other documents and papers to which the Federal Highway Administration needs to refer will carry the Federal -aid project number for ready identification. PART TWO - RIGHT-OF-WAY RELOCATION ASSISTANCE PROCEDURES OF THE CITY OF PORT ORCHARD POLICY STATEMENT: The City will contract with a qualified organization or WSDOT for any necessary relocation assistance. They will utilize the Washington State Department of Transportation publication #M26-01(HW) Chapter 12, "Right -of -Way Agents' Manual" as a guideline in conducting the City relocation programs in Federal Aid Projects. C. RELOCATION ASSISTANCE ADVISORY PROGRAM 1. Relocation assistance advisory services will be provided for persons displaced or for any person occupying property immedi- ately adjacent to real property acquired if such person is caused substantial economic injury because of the acquisition.. Specific definitions for concept of terms used in the following numbered paragraphs will, be the same as Chapter 365-24-110, Washington Administrative Code. 2. Advisory services will include such measures, facilities or services necessary or appropriate in order to: a. By personal interview, determine the need, if any, of eligible,persons for relocation assistance. The displaced person will receive a Relocation Brochure furnished or approved by the Washington State Department of Transportation. b. Provide current and continuing information on the availablity, prices, and rental of comparable decent, safe and sanitary sales and rental housing, and of comparable commercial properties and locations for eligible businesses. C. Assure that prior to displacement, there will be available, in areas not generally less desirable in regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families and individuals displaced, decent, safe and sanitary dwellings, equal in number to the numbers such displaced persons who require such dwellings and reasonably accessible to their places of employment. d. Assist an eligible person displaced from his business or farm operation in obtaining and becoming established in a suitable replacement location. e. Provide other advisory services to eligible persons such as counseling and referrals with regard to housing, financing, employment, training, health, welfare and any other assistance which will minimize hardship to such persons in adjusting to relocation.' K 3. Relocation assistance advisory services by.the City will be provided to the public. There will be available to the public full information, including a Relocation Brochure, concerning the City relocation program concerning the project. When appro- priate, a Relocation Assistance Office will be located in the vicinity of the project and will be open during hours convenient to persons to be relocated. The City will ensure that all inter- ested parties and persons to be displaced are fully informed, at the earliest possible time, of the specific plans and pro- cedures for obtaining such payments and assistance; and the right of administrative review by the head of the local public body concerned, as provided by Ch. 8.26.130 RCW. RELOCATION ASSISTANCE PROGRAM 1. The City will not proceed with any phase of property acquisition of the project until there is a Relocation Plan approved by the Washington State Department of Transportation and relocation payments with proper relocation services can be provided in conformance with Ch. 8.26 RCW and Ch. 365-24 WAC. 2. The City will give a written notice of the initiation of nego- tiation with the owner of the property to be acquired to tenants and other persons occupying such property, advising: a. Eligibility for relocation assistance and benefits which could become available after acquisition of the property by the City can be lost if the owner or any tenant moves either before the property is acquired prior to receiving written notice to vacate from the City for its program or project, or otherwise fails to meet the legal requirements for such assistance or benefits; b. The City land purchase intentions and plans are subject to change and even cancellation until the acquisition is closed. C. Neither the owner or any tenant will be required to move or make any financial commitment for replacement housing or facilities until he has received a.determination from the City concerning his eligibility and amounts of reloaction payments; the requirements which must be satis- fied before such payments or benefits, if any, can be provided by the City if it purchases the property; and until receipt of a written authorization or notice to vacate the premises from the City; d. Where he can obtain full information concerning relocation assistance, eligibility for reloaction payments and the requirements which must be satisfied before such payments can be made. ti.___'I 3. A written notice to vacate will be given to each individual, family, business, or farm operation to be displaced; and all notices will be served personally or delivered by certified or registered first class mail. a. A displaced person who makes proper application for a pay- ment authorized for such displacement will be paid promptly after a move, or, in hardship cases, be paid in advance. b. Application for benefits are to be made within 18 months of the date on which the displaced person moves from the real property acquired or to be acquired; or the'date on which the City makes final payment of all costs of that real property, whichever is the later date. The City may extend this period upon a proper showing of good cause. 4. The City, if it deems necessary, may contract with any State agency, local public body, individual, firm, associations or corporation for services in performing a relocation assistance program. All personal service contracts concerning phases of right-of-way acquisition Relocation Assistance will be for- warded to the Washington State Department of Transportation for prior approval before execution by the City. 5. Any displaced person (including one who conducts a business or farm operation) will be eligible to receive a relocation payment for moving expenses. A person who lives on his business or farm property may be eligible for payments for both moving and related expenses as a dwelling occupant, as well as for payments for displacement from a, business or farm operation. Payments will be made in accordance with WAC 365-24-410 to WAC 365-24-540, inclusive. 6. A displaced owner/occupant will be -eligible for a replacement housing payment as authorized by RCW 8.26.050 in an amount deter- mined by computation if he meets both of the following require- ments: a. The displaced owner/occupant actually.owned and occupied the acquired dwelling from which he was displaced, for not less than 180 days prior to the initiation of negotiation for the property; or owned and occupied an acquired dwelling covered or qualified under .RCW 8.26.160 from which he was displaced, for not less than 180 days prior to displacement; and b. Purchases and occupies a comparable replacement dwelling which is decent, safe, and sanitary,. as defined in WAC 365- 24-210(2) and (3), not later than the end of the one-year period beginning on the latest of the following dates: (1) Date on which he received from the City the final payment of all costs of the acquired dwelling. (2) The date on which he is required to move by the City written notice to vacate. (3) Or, the date on which he moves from the acquired dwelling if earlier than the date he is required to move by the Ctiy. Computation of replacement housing payment for an owner -occupant will be made in accordance with WAC 365-24-620. 7. A displaced tenant, or an owner/occupant of a dwelling for less than 180 days, will be eligible for a replacement housing pay- ment as authorized by RCW 8.26.060 if he actually and lawfully occupied the dwelling for not less than 90 days prior to the initiation of negotiations for acquisition of the property, or actually occupied the property covered or qualified under RCW 8.26.160 for not less than 90 days prior to displacement. 8. An.owner/occupant of a dwelling for not less than 180 days prior to the initiation of negotiations will be eligible for replace- ment housing payments as a tenant as authorized by RCW 8.26.060 when he rents a decent, safe and sanitary comparable replacement dwelling (instead of purchasing and occupying such a dwelling) not later than the end of the one-year period beginning on either of dates noted in Paragraph 6b. Computation of replace ment housing payments for displaced tenants or an owner/occupant of a dwelling .for less than 1.80 days will be in accordance with WAC 365-24-720; EXCEPT that the City shall determine the amount necessary to acquire a comparable replacement dwelling by analyzing the probable prices or rents of three or more comparable replacement dwelling by analyzing the probable prices or rents of three or more comparable replacement properties. 9. COMPUTATION OF REPLACEMENT HOUSING PAYMENT FOR CERTAIN OTHER: a. Replacement rental housing payments for displaced owner/ occupants who do not qualify for replacement -housing payments under WAC 265-24-610 because of the 180-day occupancy requirement and who elect to rent will be computed in the manner provided in WAC 365-24-720(1); EXCEPT that the City shall determine the amount necessary to rent a comparable property by analyzing the probable rental rates of three or more comparable replacement properties. b. Replacement housing payments for displaced owner/occupants who do not qualify for replacement housing payments under WAC 365-24-610 because of the 180-day occupancy requirements but who have actually and lawfully occupied for a period of 90 days or more .the dwelling unit to be acquired and who elect to purchase a replacement dwelling shall be computed in the manner provided in WAC 365-24-720(2); EXCEPT that the City shall determine the amount necessary to rent a comparable replacement property by analyzing the probable rental rates of three or more comparable replacement properties. 10. Any person aggrieved by a determination as to his eligibility for, method of determination; or the amount of a payment authorized.by RCW 8.26 or appropriate Ch. 265-24 WAC may have such determin- ation reviewed and reconsidered by the head of the City having authority over the applicable program or project. 11. Any person aggrieved by determination as to his eligibility for, method of determination, or the amount of a payment authorized by. RCW 8.26 or appropriate Ch. 365-24 WAC will be allowed to invoke an appeal; provided that within 30 days following receipt of notification of the rejection of his claim by the City, he submits to the head of the City a notice of appeal. This will be a written statement of the,facts pertinent to the case and including the decision that is in dispute. 12. In order to insure consistent and uniform administration of the relocation assistance program, the City will, if necessary, establish an administrative review board for a preliminary review of appeals. In the event the matter cannot be resolved by the administrative review board the City will appoint a qualified hearing officer under terms of WAC 365-24-850. His.duties will be to administer the appeal of the agrieved in an impartial and orderly manner in accordance with Ch. 365-24 WAC. Date this 26th ATTEST: day of July . 1982 I CITY OF PORT ORCHARD B Y : //� , �j•LtrPit i Paul D. Powers, Jr., Mayor City of Port Orchard The above is signed as City of Port Orchard policy pursuant to Resolution No. 1274 dated July 26, 1982 done at the regular meeting of the City Council.