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Resolution 20-006 Granting Authority for Property Acquisition CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON RESOLUTION 20-006 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, GRANTING LIMITED AUTHORITY TO THE CITY MANAGER REGARDING ACQUISITION OF REAL PROPERTY, GRANTING OF EASEMENTS OVER RIGHT-OF-WAY RELATING TO PRIVATE OR PUBLIC DEVELOPMENT PROJECTS,REPEALING RESOLUTION 08-005, AND OTHER MATTERS RELATING THERETO WHEREAS, SVMC 3.49.010 authorizes the City Manager to "negotiate the purchase of real property, which shall be based upon a fair-market value appraisal of the property. The City shall not pay more than fair-market value for any real property, except as may be approved by the Washington State Department of Transportation on behalf of the City for road construction projects. Final approval of any purchase of real property shall be obtained from the city council prior to purchase; provided city council may delegate authority for approval and purchase to the city manager or City staff as may be appropriate."; and WHEREAS, pursuant to RCW 35A.11.020, the "legislative body of each code city shall have all powers possible 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... ."; and WHEREAS,it is necessaiy in the routine operation of the City to acquire real property for projects, and related to the approval of development projects,most of which are small in size; and WHEREAS, it is necessaiy in the routine operation of the City to grant, extinguish, or accept temporary or permanent easements of various types across City rights-of-way, including but not limited to construction easements, access easements, stormwater 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 City Engineer 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 City 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 Spokane Valley, Spokane County Washington; as follows: Resolution 20-006-Delegation of Authority to City Manager Page 1 of 2 Section 1. Pursuant to SVMC 3.49.010 and RCW 35A.11.020, the City Council hereby grants to the City Manager or his designee the authority to acquire real property on behalf of the City up to a fair market value of$50,000 for appropriate municipal purposes. Section 2. The City Council hereby grants to the City Manager or his 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 Spokane Valley Right-of-Way Procedures, except those acquisitions which require use of the City's condemnation authority pursuant to chapter 8.12 RCW. Section 3. Pursuant to SVMC 3.49.010 and RCW 35A.11.020, the City Council hereby grants to the City Manager or his designee the authority to grant or accept 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 stormwater 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 designee the authority to relinquish easements of all types 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 stormwater properties. At the City Manager's discretion, Council may be consulted or requested to decide whether to relinquish a specific easement or easements. Section S. 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 of authority, whether done by motion or resolution, specifically including Spokane Valley Resolution 08-005. Section 7. Effective date. This Resolution shall be in full force and effect upon adoption. Adopted this 7th day of April, 2020. City of Spokane Valley Ben Wick,Mayor ATTEST: Christine Bainbridge, City Clerk Approved as to form: r-5y4• 4/(„(1 Office t e Ci orne Y Resolution 20-006- Delegation of Authority to City Manager Page 2 of 2