1/8/1991 - Laserfiche WebLink

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JAN Qi , BOOK f'tji;E JL40 costs and a benefit would derive to the overall maintenance function of the maintenance program. This could be evidenced by the removal of road grader routes separated by great distances, or elimination of - especially troublesome sections of roadways as viewed from a maintenance standpoint. The regular petition paving program would consist of those projects for which petitions are brought to the county from owners in the benefit district. The county..would reserve the right to initiate priority petition paving projects and assessing the owners using a benefit district assessment approach. The policy for right-of-way acquisition for the two categories of petition paving programs would allow for the payment for right-of-way acquired for priority petition paving projects. Both the owner and the Board of County Commissioners would approve a purchase amount for the acquisition based upon the appraised value of the property given by an appraiser of the county's choosing. In the case where an owner would donate: --the property, a credit would be given to the owner against the `=assessment for the agreed amount based upon the appraised value of the donation. The costs of right-of-way would be included in the project cost. In the case of the regular petition paving projects, the county would require all right-of-way to be donated, if right- of-way is needed for the project, before the Board would give approval for the project. In a regular petition paving program, if an impasse is reached on matters of right-of-way acquisition, staff will bring the project before the Board for a public hearing for approval to purchase right-of-way for any particular project where -an impasse is reached, if, and only if, a clear majority of the owners in the benefit district have donated right-of-way and are in favor of the assessment project. If the Board approves the purchase from those owners not willing to donate, all right-of-way will be purchased on the project with a credit for the appraised value of the donated right-of-way given to the donors against their assessment for the petition paving project. Due to the -inability to reliably ascertain condemnation costs and legal fees, and the statutory requirements that the final assessment must be no more than the approved preliminary assessment, staff recommends that condemnation be considered only for priority petition paving projects and not used in the case of regular petition paving projects. Commissioner Scurlock agreed there is an inequity problem in acquiring right-of-way. He especially was concerned about those situations where we can physically pave the road and the people are willing to pay to have it paved because the road is dangerous, and our saying that we are not going to improve the road because some people will not dedicate the right-of-way so that we can get to 60 feet. He felt this is a real dilemma, because he could not see holding up development for the next 15 years or so just because we don't..have enough right-of-way for the ultimate design we would like to have. Commissioner Eggert believed those situations would be addressed as a special safety matter. Public Works Director Jim Davis explained that there are two things that are happening to make the design of the roadway more 40 _ M