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HomeMy WebLinkAbout10/29/1991, C-5 - RIGHT-OF-WAY CERTIFICATION FOR FEDERAL-AID PROJECTS. MffDATE1111111111001111 111111I1Iui 1ICi"J f S� �ll�s OB�Sp� Oct.. 29, 1991 COUNCIL AGENDA REPORT "r"NUMSM FROM: David F. Romero, Public Works Wxsctor Wayne A. Peterson, City Engineers - Prepared by: John W. Hawley, Silp4grvising Civil Engineer SUBJECT: Right-of-Way Certification for Federal-Aid Projects. RECOMMENDATION: Adopt Resolution Giving the Director of Public Works Authority to Execute Right-of-Way Certifications for Federal-Aid Projects. BACKGROUND: On June 22, 1978 the Council approved a Master Agreement between the City and State -for the expenditure of Federal Funds on approved City projects.: Currently, the City has been allocated Federal Highway Funds, specifically Bridge Replacement and Rehabilitation Funds (HBRR) , for two bridge replacement projects on San Luis Obispo Creek at Nipomo Street and Elks Lane. In accordance with Federal regulations and procedures, right-of-way certification is necessary for all local streets and roads projects with Federal funding. Right-of-way certification is a written statement summarizing the status of all right-of-way related matters with respect to a proposed construction project. The purpose is to document that real property interests have been, or are being, secured and physical obstructions including utilities. have been or will be removed, relocated or protected 'as required for the construction, operation, and maintenance of the project. It also documents that right-of-way activity requirements were conducted in accordance with applicable procedures. Certification must be obtained and approved before the State will approve project plans and specifications for advertisement. Federal guidelines require the submittal of a resolution by the governing body that authorizes execution of the certification document. As an alternative, the City Council may adopt a resolution giving the Director of Public Works authority to execute right-of-way certifications. The adoption of authorization will assure that all certifications are processed in a timely manner. CONSEQUENCE OF NOT TARING THE RECOMMENDED ACTION: _ A Council resolution authorizing execution of the right-of-way certification would have to be prepared for each Federal-Aid Project, resulting in additional time spent by both Council and staff. Attachment : Resolution IftMed-aid by RESOLUTION NO. (1991 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GIVING DIRECTOR OF PUBLIC WORKS BLANKET AUTHORITY TO EXECUTE RIGHT-OF-WAY CERTIFICATIONS FOR FEDERAL-AID PROJECTS WHEREAS, the Congress of the United States has declared it to be in the national interest for federal funds to be expended for highway projects; and WHEREAS, the City and the State has entered into Master Agreement No. 05-5016 for Federal-Aid Projects; and WHEREAS, as a condition to receiving any Federal-Aid funds the City agrees to comply with all Federal and State laws, policies and procedures; and WHEREAS, Federal procedures require the submittal of a resolution by the governing body that authorizes execution of the Right-of-Way Certification document; NOW THEREFORE BE IT RESOLVED, the City Council of the City of San Luis Obispo, California, hereby gives the Director of Public Works of the City of San Luis Obispo authority to execute Right- of-Way Certifications for Federal-Aid projects. Upon motion of , seconded by and on the following roll call vote: AYES: NOES: ABSENT: the foregoing Resolution was adapted this day of 1991. MAYOR ATTEST: CITY CLERK APPROVED: J City A inistrative Officer t tto ey Finance Director Public Works Director jn2/ted-aid by S-3