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HomeMy WebLinkAboutResolutions - 2019-07 - 2019 Right of Way Procedures - 5/7/2019City of East Wenatchee Resolution 2019-07 Page 1 of 2 City of East Wenatchee, Washington Resolution No. 2019-07 A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to approve new 2019 Right of Way Procedures 1.Alternate format. 1.1. Para leer este documento en otro formato (español, Braille, leer en voz alta, etc.), póngase en contacto con el vendedor de la ciudad al alternateformat@east-wenatchee.com, al (509) 884-9515 o al 711 (TTY). 1.2. To read this document in an alternate format (Spanish, Braille, read aloud, etc.), please contact the City Clerk at alternateformat@east-wenatchee.com, at (509) 884-9515, or at 711 (TTY). 2.Authority. 2.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to organize and regulate its internal affairs and to define the powers, functions and duties of its officers and employees. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO RESOLVE AS FOLLOWS: 3.Authorization. The City Council authorizes the Mayor to sign new2019 Right of Way Procedures for the City of East Wenatchee. Theseprocedures are specified in Attachment A. 4.These procedures rescind Resolution 2017-01 and all previous Rightof Way Procedures for the City. 5.Severability. If a court of competent jurisdiction declares anyprovision in this resolution to be contrary to law, such declarationshall not affect the validity of the other provisions of this Resolution. 6.Effective date. This Resolution becomes effective immediately. Attachment A Right of Way Procedures The City of East Wenatchee hereinafter referred to as "AGENCY", desiring to acquire real property (obtain an interest in, and possession of, real property) in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act and applicable federal regulations (49 CFR Part 24) and state law (Ch. 8.26 RCW), and state regulations (Ch. 468-100 WAC) hereby adopts the following procedures to implement the above statutes and Washington Administrative Code. The AGENCY is responsible for the real property acquisition and relocation activities on projects administered by the AGENCY. To fulfill the above requirements the AGENCY will acquire right-of-way (ROW) in accordance with the policies set forth in the Right of Way Manual M 26-01 and Local Agency Guidelines. The AGENCY has the following expertise and personnel capabilities to accomplish these functions: 1.The following relate to the AGENCY's request. a.Below is a list of responsible AGENCY individual names and positions, for which the AGENCY has qualified staff to perform the specific right-of-way function(s). Attached are resumes for each individual AGENCY staff listed to perform those functions below, and a brief summary of their qualifications pertaining to the specific ROW function(s) for which they are listed. The procedures shall be updated whenever staffing changes occur. The AGENCY will be approved to acquire based upon staff qualifications. i.PROGRAM ADMINISTRATION : Oversee delivery of the R/W Program on federal aid projects for the agency. Ensures R/W functions are carried out in compliance with federal and state laws, regulations, policies and procedures. Responsibilities/Expectations: •Ensures agency's approved R/W Procedures are current, including staff qualifications, andprovides copies to consultants and agency staff;•Oversight of ROW consultants; o use of consultant contract approved by WSDOT (under construction) o management of ROW contracts o management of ROW files o reviews and approves actions and decisions recommended by consultants o Overall responsibility for decisions that are outside the purview of consultant functions•Sets Just Compensation prior to offers being made; •Approves administrative offer summaries per policy; •Ensure agency has a relocation appeal process in place prior to starting relocation activities;•Oversight of Administrative Settlements;•Obligation authority for their agency;•Obtain permits (Non-Uniform Relocation Act (URA));•Ensures there is a separation of functions to avoid conflicts of interest. •Verifies whether or not ROW is needed, and that the property rights and/or interests needed are sufficient to construct, operate and maintain the proposed projects (see Appendix 25.176). Tom Wachholder, Project Development Manager (Insert Name and Title of AGENCY Position above & attach resume of qualifications) LPA-001 Right of Way Procedures Revised 10/2016 Page 1 of 4 RESUME Tom Wachholder Education: BA Geography Geographic Information Systems (GIS) Certification University of Wisconsin – Parkside Kenosha, WI MS Resource Management Central Washington University Ellensburg, WA Relevant Right of Way Work Experience: City of East Wenatchee Public Works Department Land & Water Resource Program Manager 2015-2018 City of East Wenatchee Public Works Department Project Development Manager 2018-Present Right of Way Training and Experience: Attended WSDOT ROW-Temporary Construction Easements: Valuing Temporary Rights training on September 12, 2018 in Lacey, WA. Attended WSDOT Annual Local Agency ROW meeting on March 7, 2019 in Wenatchee, WA. Successfully passed WSDOT’s Administrative Settlement Documentation training course on April 12, 2019. Responsible for compliance with the WSDOT Local Agency Guidelines (LAG) Manual for all elements of right of way acquisitions. Responsible for the oversite of right of way agents and consultants for all elements of right of way acquisitions for the City of East Wenatchee.