HomeMy WebLinkAbout3995 Resolution - Delegation of ROW AuthorityRESOLUTION NO. 3995
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
GRANTING LIMITED AUTHORITY TO THE CITY MANAGER
REGARDING ACQUISITION OF REAL PROPERTY AND EASEMENTS,
GRANTING OF EASEMENTS OVER RIGHT-OF-WAY RELATING TO
PRIVATE OR PUBLIC DEVELOPMENT PROJECTS, AND OTHER
MATTERS RELATING THERETO.
WHEREAS, pursuant to RCW 35A.11.020, "The legislative body of each code city shall
have all powers for a city or town to have under the Constitution of this state, and not specifically
denied to code cities by law. By way of illustration and not in limitation, such powers may be
exercised in regard to the acquisition, sale, ownership, improvement, maintenance, protection,
restoration, regulation, use, leasing, disposition, vacation, abandonment or beautification of public
ways, real property of all kinds, ..."; and
WHEREAS, it is necessary in the routine operation of the City to acquire real property
and real property rights for capital project purposes, and that are related to the approval of
development projects, most of which are small in size; and
WHEREAS, it is necessary in the routine operation of the City to grant, extinguish, accept,
or acquire temporary or permanent easements of various types across public and private properties,
including but not limited to construction easements, access easements, stormwater easements,
sidewalk easements, and utility easements; and
WHEREAS, delegation of limited authority to the City Manager for such minor tasks will
result in a more efficient use of Council time, as well as City staff time; and
WHEREAS, circumstances exist where, due to Federal law relating to federally -funded
capital projects, the Public Works Director is required to execute applicable documents to
accomplish the transfer of property rights; and
WHEREAS, the City Council wishes to affirm and ratify past actions taken by the City
Manager and/or staff related to the acquisition of right-of-way or in granting easements in
conjunction with capital and other development projects as set forth below.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
Section 1. Pursuant to RCW 35A.11.020, the City Council hereby grants to the City
Manager, or his/her designee, the authority to acquire real property on behalf of the City up to an
amount of $150,000 for Council -approved capital projects that are specified in the adopted Capital
Improvement Program (CIP) or approved budget.
Resolution — Delegation of Authority - 1
Section 2. The City Council hereby grants to the City Manager, or his/her designee,
the authority to conduct transactions to acquire and dispose of rights-of-way pursuant to the
Washington State Department of Transportation (WSDOT) approved City of Pasco Right -of -Way
Procedures, except those acquisitions which require owner relocation or use of City's
condemnation authority pursuant to Chapter 8.12 RCW.
Section 3. Pursuant to RCW 35A.11.020, the City Council hereby grants to the City
Manager, or his/her designee, the authority to grant, accept or acquire up to an amount of $150,000
easements of all types that are in the best interest of the City and appropriate in the management
of the various rights-of-way and City properties. At the City Manager's discretion, Council may
be consulted or requested to decide whether to grant or accept a specific easement or easements.
Section 4. Pursuant to RCW 35A.11.020, the City Council hereby grants to the City
Manager, or his/her designee, the authority to relinquish easements of all types (excluding access
easements per PMC 12.40. 010) that the City Manager determines to be in the best interest of the
City and appropriate in the management of the various rights-of-way and City properties. At the
City Manager's discretion, Council may be consulted or requested to decide whether to relinquish
a specific easement or easements.
Section 5. The City Council affirms and ratifies all past actions taken by the City
Manager and/or City staff related to the acquisition of rights-of-way or in granting or relinquishing
easements in conjunction with capital and other development projects.
Section 6. Repeal of prior similar actions. This Resolution is intended to repeal and
replace any prior grant or authority, whether done by motion or resolution.
Section 7. Effective Date. This Resolution shall be in full force and effect upon
adoption.
PASSED BY the City Council of the City of Pasco, Washington this 2nd day of November,
2020.
Saul Martinez
Mayor
ATTEST:
Debra Barham, CMC
City Clerk
Resolution — Delegation of Authority - 2
APPROVED AS TO FORM: