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HomeMy WebLinkAboutRes 0945 - Uniform Policies and Procedures for Real Property AcquisitionsCITY OF TUKWILA JEH clh WASHINGTON 1/22/85 Rev 1/28/85 RESOLUTION NO. 945 Rev 2/5/85 Rev 3/1/85 Rev 3/27/85 A JOINT RESOLUTION OF THE CITY COUNCIL AND MAYOR OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING UNIFORM POLICIES AND PROCEDURES FOR ACQUISITIONS OF REAL PROPERTY BY THE CITY WHICH DO NOT INVOLVE THE RELOCATION OF ANY PERSONS. WHEREAS, the City Council and Mayor deem it desirable to adopt uniform policies and procedures for acquisitions of real property by the City not involving the relocation of any persons in order to implement the State Uniform Relocation Assistance and Real Property Acquisition Act (Chapter 8.26 RCW), and the State regulations adopted as Chapter 365 -24 of the Washington Administrative Code, now, therefore, THE CITY COUNCIL AND THE MAYOR OF THE CITY OF TUKWILA, WASHINGTON, HEREBY JOINTLY RESOLVE AS FOLLOWS: Section 1. Applicability. The policies and procedures set forth in this resolution shall apply, to the greatest extent practicable, to all acquisitions of real property by the City of Tukwila which do not involve the relocation of any persons. Section 2. Council Approval Required. Acquisition of real property as provided herein shall be approved by the City Council prior to initiation of any negotiation by City staff and all negotiations shall be subject to budgeted appropriations. Section 3. Personnel and Duties. A. Director of Public Works. Subject to the authority and direction of the Mayor, the Director of Public Works of the City is responsible for the real property acquisition on projects administered by the City under the procedures set forth in this resolution. The Director of Public Works shall administer all activities of the City in acquiring right of way or other real property, including support of the City Attorney's office in litigation, environmental law compliance and the prop- erty acquisition programs for the City. The Director of Public Works shall assure compliance with appropriate City ordinances and resolutions, state statutes, rules and regulations which pertain to real property acquisition. B. Appraisers. The administration of all appraisals shall be done by the Director of Public Works to assure that the City appraisal process complies with appropriate City, state and federal statutes, laws, rules, regulations and ordinances. The services of appraisers shall be obtained by the City to assure accurate appraisals of fair market value. All appraisals shall be reviewed by a separate certified fee appraiser to determine the adequacy and reliability of supporting data and that the appraisal represents fair market value. Both the fee appraiser and the fee review appraiser shall provide court testimony on appraisals for condemnation. As an alternative to obtaining the services of appraisers directly, the City may contract with other governmental entities to obtain or provide appraisal services. C. Real Property Agent. The Director of Public Works and his or her assistants shall advise property owners of the need for the project, of the project's impact on their property and of their rights under Chapter 8.26 RCW, and shall review project plans, appraisals and instruments for adequacy as to real property considerations, actively negotiate with property owners, under the direction of the Mayor, to acquire real property that has been approved for acquisition by the City Council in conformance with all laws rules and regulations, request condemnation procedures when necessary and set up escrows and instructions where such is necessary to accomplish the purposes of this resolution. Section 4. Real Property to be Appraised. A. All property acquired by the City of Tukwila for public works projects shall be appraised by a qualified staff or fee appraiser with appropriate appraisal review before initiation of negotiations with the owner. B. The staff or fee appraiser will contact the owner of the real property to be appraised and extend an invitation for the 2 owner to accompany the appraiser during his or her inspection of the property. All appointments will, to the extent possible, be made at the owner's convenience. Section 5. Just Compensation to be Established. Before initiating negotiations with the owner of any real property sought to be acquired, the City will establish just compensation from the review appraiser's estimate of value and will make a prompt offer to acquire the property for that amount. Any amount subsequently paid over the just compensation established for the property will be an administrative settlement and will be so documented in the acquisition file as to the justification used in arriving at the amount of the settlement. Section 6. Factors Not to be Considered in Appraisal. A. During the appraisal process, the City, and any apprai- ser employed by the City, will not consider any increase of decrease in the fair market value of the property prior to the date of valuation caused by the public improvement for which the property is to be acquired or the likelihood that the property would be acquired for such improvement except that the City may consider physical deterioration within the reasonable control of the owner. B. The City, and any appraiser employed by the City, will not consider relocation assistance benefits during the appraisal process in establishing fair market value for the property to be acquired. Section 7. Owner Not to be Left With Uneconomic Rem- nant. Pursuant to RCW 8.26.180(9), the City during acquisition of a portion of the owner's property will not leave an uneconomic remnant without offering to acquire the entire property from the owner. Section 8. Fair Market Letter. At the time it makes an offer to purchase real property, the City shall provide the owner of that property with a written statement of the basis for the amount estimated to be just compensation. The statement, which also shall be known as the "fair market letter shall include the following information: A. Identification of the real property to be acquired, in- cluding the estate or interest being acquired; B. Where appropriate, a breakdown of the just compensation established into the following elements: 1. The just compensation for the real property ac- quired; 2. In the case of a partial taking, the amount of da- mages, if any, to the remaining real property; and 3. In the case of a partial taking, the benefits, if any, to the remaining real property; C. A declaration that the determination of just compensa- tion 1. Is based on the fair market value of the property; 2. Is not less than the approved appraised value of the property; 3. Disregards any decrease or increase in the fair market value caused by the project for which the prop- erty is acquired; D. An identification of any and all real property improve- ments, including buildings, structures, fixtures, and other improvements on the land considered to be part of the real property being acquired. Section 9. Short Term Rentals. If an owner or tenant is permitted to occupy the real property acquired by the City on a rental basis for a short term or for a period subject to termina- tion on such notice, the amount of rent charged by the City shall not exceed the fair rental value of the property to a short term occupier. Section 10. Negotiations- Action to Compel Agreement Prohibited. Every reasonable effort will be made to acquire real property expeditiously by negotiations without exercising the right of eminent domain. The City will not intentionally attempt to compel an agreement on the price to be paid for the property by A. Advancing the time of condemnation; B. Deferring negotiations, condemnation or the deposit of funds in court for the use of the owner; or C. Taking any other coercive action. Section 11. Initiating Condemnation. If any interest in real property is to be acquired by the City's exercise of the power of eminent domain, the City shall institute formal condemna- tion proceedings and not intentionally make it necessary for an owner to institute legal proceedings to prove the fact of the taking of his or her real property. Section 12. Acquisition of Adversely Affected Improve- ments. A. Where any interest in real property is acquired, the City will require at least an equal interest in all buildings, structures or other improvements located upon the real property so acquired and which are required to be removed from such property or which are determined to be adversely affected by the use to which such real property will be put after acquisition. B. For the purpose of determining the just compensation to be paid for any building, structure or other improvement required to be acquired as set forth in subsection A of this section, such building, structure or other improvement shall be deemed to be a part of the real property to be acquired notwithstanding the right or obligation of a tenant, as against the owner of any other interest in the real property, to remove such building, structure or improvement at the expiration of his term. C. Whenever the City is required by subsection A of this section to acquire any interest in any building, structure or improvement, the City shall, subject to the limitations set forth in subsection D of this section, pay to the tenant the fair market value which such building, structure or improvement contributes to the fair market value of the real property to be acquired, or the fair market value of such building, structure or improvement for removal from the real property, whichever is greater. D. No payment shall be made to any tenant under this section unless 1. The tenant, in consideration of such payment, as- signs, transfers and releases all of his right, title and interest in and to such improvements; 2. The owner of the real property involved disclaims all interest in the improvements of the tenant; and 3. The payment will not result in duplication of any payments otherwise authorized by law. E. Nothing in this section shall be construed to deprive the tenant of any rights to reject payment and to obtain payment for such property interests in accordance with any other applic- able law. Section 13. Payment of Fees, Taxes and Costs. As soon as practicable after the date of payment of the purchase price or the date of deposit in court of funds to satisfy the award of compensation in a condemnation proceeding to acquire real prop- erty, whichever is the earlier, the City shall pay directly or shall reimburse the owner, to the extent the City deems fair and reasonable, for the expenses necessarily incurred for A. Recording fees, transfer taxes, and similar expenses incidental to conveying such real property to the City; B. Penalty costs for full or partial prepayment of any pre- existing recorded mortgage entered into in good faith encumb- ering such real property; and C. The prorata portion of real property taxes paid which are allocable to a period subsequent to the date of vesting title in the City, or the effective date of possession of such real property by the City, whichever is the earlier. Section 14. Donation of Property. A donation or gift of real property will be accepted by the City only after the owner has been fully informed of his right to receive just compensation. Section 15. Rodent Control. If rodent control should become necessary in the project, the City will make provisions to maintain control or eradicate the rodents. RESOLVED BY THE CITY COUNCIL AND THE MAYOR OF THE CITY OF TUKWILA, WASHINGTONN, AT A REGULAR MEETING OF THE CITY COUNCIL this 1st day of April 1985. CITY OF TUKWILA COUNCIM PRESIDENT, EDGAR D. BAUCH ATTEST /AUTHENTICATED: CITY "CLERK, MAXINE ANDERSON FILED WITH THE CITY CLERK: 3/11/85 PASSED BY THE CITY COUNCIL: 4/1/85 RESOLUTION NO. 945 GARY VAN DUSEN APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: