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File #: RES-0848    Version: 1 Name:
Type: Resolution Status: Consent Agenda
File created: 3/25/2021 In control: Engineering Dept
On agenda: 5/25/2021 Final action: 5/25/2021
Title: Approving a resolution amending the policy and procedures for acquisition of real property or property rights.
Attachments: 1. Proposed Res-0848, 2. RES 257-02-08-27-4H, 3. Draft Presentation_RES-0848
Title
Approving a resolution amending the policy and procedures for acquisition of real property or property rights.

Summary
This agenda item was included to update the resolution regarding the policy and procedures for acquisition of real property of property rights. The resolution has not been updated since August 2002. The current Real Estate Acquisition Procedures align with applicable laws, although City Staff requests consideration for providing timelines and documentary requirements framed in accordance with laws to streamline the acquisition process to obtain purchases in a more timely and efficient manner. Staff also requests establishing policy for including processes where necessary for Eminent Domain and Injunction measures to maintain a Capital delivery project schedule.

The current acquisition procedures do not specify a negotiation authority level for staff nor Land Real Estate Agent and such delegation of authority would set clear guidance for negotiation within the limit of appraised properties. In the absence of proper and formal documentation recording the negotiation proceedings and justification for outcome, effectiveness of the negotiation efforts during the selected acquisitions could not be verified. Updating the process will assist in minimizing delays in delivery of capital projects and assist City staff, Engineers/Architects and everyone involved.

In addition, the process and procedures associated with when and how the Eminent Domain occurrence has not been formally documented. The City has the option to acquire real estate through purchase, eminent domain, exchange or by donation. The acquisition of selected options can clearly be determined as part of this process and provided as performance metric associated with the project management process. As well, this will allow documented information for staff to better understand the acquisition process and activities undertaken.

Over the last twelve (12) months, at least seven ...

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