1994-10-24 Public Hearing and Regular Meeting

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.' e Right of Way Manual 300.03 Policies Governing State Cost Participation The Department's policy relative to right of way cost participation is set forth in Minute Order No. 42113 (s~e Plate 2). This minute order provided for right of way cost reimbursement to the county and city governments to the extent of fifty percent qf the value as determined by the State or the net cost thereof, whichever is the lesser amount, on right of way authorized and requested by the Department on all highways designated by the Commission as United States or State Highways.' The percentage of reimbursement was increased to ninety percent by Minute Order No. 72989, Plate 3, and provision was made by the Commission for conversion, subject to Administrative approval, to th'e higher percentage of reimbursement. However, it is not, mandatory that existing contractual agree- ments be so modified. Therefore, both of these percentages of reimbursement will be effective during the transition period from one basis to the other. The date of the county's or city's payment in relation to the modified contract date will be the deciding factor in determining whether interim reimbursements will be on a 50/50 or 90/10 basis. In condemnation cases, deposits for Commissioners' 'Awards made prior to the effective date of the modified contract will be reimbursed 50 percent. In the event the final judgment is after the effective date ~of the contractual agree'ment reimbursement will be made on th~ 90 percent basis for any excess. Payment for utility adjustments will be reim- bursed on the basis of the date of payment whether or not it was for the total adjustment or a partial payment for an instream project. The same will apply to fencing contracts with the exception of eligible fencing performed by the coun- ties or cities in which case the reimbursement rate will be determined by the date the work was performed. Since numerous; parcels were being acquired at the. time of conversion of the program from 50/50 to 90/10 participation, the correct rate of reimbursement is dependent upon: the date of the county's or city's payment. No additional .sup- ~ port is needed' to support 90 percent reimbursement on those parcels when the date of the de~d is subsequent to the effective date of the modified contractual agreement. However, on those deeds dated prior to the modified contract where the consideration was actually paid subsequent to this date, we should be fur- nished a copy of the cancelled warrant with the title. submission to document our files and support 90 percent State cost participation. Both types of. contractual agreements will be subject to the following provi-' sions: A. The coun'ty and city governments will handle the procedure of actually acquiring the right of way. B. The right of way to be acquired will be officially requested and autho- rized by the Commission by minll te action, to be covered by contractual agreements executed by the proper officials of the city or county and by the Department. C. The payment procedure will be a reimbursement process based upon delivery by the county or city of acceptable instruments of conveyance to the State. 3-2