HomeMy WebLinkAboutContract CAG-19-179
ADMINISTRATIVE SETTLEMENT POLICY
The City of Renton;WA("AGENCY"), shall make every reasonable effort to expeditiously
acquire real property by negotiation. Negotiation implies an honest effort by the
AGENCY to resolve differences with property owners. Offers arrived at through
negotiations will reflect the inexact nature of the process by which just compensation is
determined. The AGENCY shall endeavor to expedite the acquisition of real property by
agreements with owners and to avoid litigation and relieve congestion in the courts.
1. The AGENCY shall carefully consider and maximize the use of administrative
settlements in appropriate situations. An administrative settlement or stipulated
settlement is a negotiated settlement of a right of way acquisition case in which
the AGENCY has administratively approved payment in excess of fair market value
as shown on the AGENCY's approved determination of value (review appraisers'
certificate).The AGENCY shall carefully consider and maximize the use of
administrative settlements in appropriate situations.
2. Administrative settlements may be approved when it is determined that such
action is in the public interest. In arriving at a determination to approve an
administrative settlement, the following nonexclusive factors may be considered:
a. All available appraisals, including the owner's comparable sales not included
in an appraisal, and the probable range of testimony in a condemnation trial.
b. Ability of the City to acquire the property, or possession, through
the condemnation process to meet the construction schedule.
c. Impact of construction delay pending acquisition.
d. The negotiators recorded information, including parcel details and
the owner's rationale for increased compensation.
e. Recent court awards in cases involving similar acquisition and appraisal
problems.
f. Likelihood of obtaining a favorable jury results in local jurisdiction, opinionof
legal counsel where appropriate.
g. Estimate of trial cost weighed against other factors
Administrative Settlement Policy
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3. Authority -The AGENCY authority of administrative settlements in right of
way acquisitions is as follows:
Position(s) Current Applicable Staff Maximum Settlement
Public Works Gregg Zimmerman Just Compensation plus up
to an additional $35,000
Just Compensation plus any
Mayor Denis Law additional amount over
$35,000
Prior to any written offer of final settlement made to the property owner or
their representative, the administrative settlement shall be stated in a
memorandum signed by the appropriate approving authority and placed in
the parcel acquisition file. The memorandum shall be in accordance with
Chapter 6 of the Washington State Department of Transportation Right of
Way Manual. If the services of a consultant acquisition negotiator are
utilized, the appropriate AGENCY staff person or official will be required to
sign the administrative settlement memorandum.
4. The City Council considers approval of all warrants prior to providing payment.
AGENCY APPROVED:
By:
Deni aw, Ma r WSDOT
Attest: ,
Jas n Seth, City Cler
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Administrative Settlement Policy
Page 2 of 2
From:
Narvaez, David
To:
Josef Hamden
Cc:
Keith Woolley; Bob M Hanson
Subject:
RE: City of Renton ROW Policy
Date:
Thursday, August 08, 2019 5:12:47 PM
Attachments:
S-D7617001-19080816530.odf
Hi Joey,
Today these procedures were forwarded to HQfor concurrence. In regards to your agency's
Administrative Settlement Procedures, there is a signature block for WSDOT's approval, however,
that is your agency's policy and all we need to know is that you have one. See attached for
reference. Other than that, I didn't noticed any other items of concern.
I'll contact you once I hear back from HQ on the concurrence. Thanks
L
Local Agency Coordinator (LAC)
WSDOT HQ Local Programs - NW Region
(206) 440-4205
narvaed(@wsdot.wa.gov
From: Josef Hamden <JHarnden@Rentonwa.gov>
Sent: Thursday, August 8, 2019 1:15 PM
To: Narvaez, David <NarvaeD@wsdot.wa.gov>
Cc: Keith Woolley <kwoolley@Rentonwa.gov>; Bob M Hanson <Bhanson@Rentonwa.gov>
Subject: City of Renton ROW Policy
Hello David,
On June 20, 1 had sent via Postal Mail some ROW Policy & Procedure documents for your signature
(transmittal attached). Please let me know the status of these documents.
Thank you,
Joey Harnden, Capital Projects Administrative Secretary I
Public Works Department ; Transportation Division ; Phone: (425) 430-7225
T
3. Authority -The AGENCY authority of administrative settlements in right of
way acquisitions is as follows:
Position(s)
Current Applicable Staff
Maximum Settlement
Public Works
Gregg Zimmerman
Just Compensation plus up
to an additional $35,000
Just Compensation plus any
Mayor
Denis Law
additional amount over
$35,000
Prior to any written offer of final settlement made to the property owner or
their representative, the administrative settlement shall be stated in a
memorandum signed by the appropriate approving authority and placed in
the parcel acquisition file. The memorandum shall be in accordance with
Chapter 6 of the Washington State Department of Transportation Right of
Way Manual. If the services of a consultant acquisition negotiator are
utilized, the appropriate AGENCY staff person or official will be required to
sign the administrative settlement memorandum.
4. The City Council considers approval of all warrants prior to providing payment.
AGENCY
By: &M4� W
Denis,faw. Mavor i
Attest:
Seth, 'City
Administrative Settlement Policy
Page 2 of 2
APPROVED:
r WSDOT
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