1. I'm looking for best practices for Council approvals and the ROW acquisition process. We have our first project that does not involve ODOT that involves acquiring a significant number of parcels (since I've been here at least). We are using Universal Field Services. Do you just have Council appropriate an initial pot of money for ROW acquisition and only go back to Council if you need more money? Do you have Council approve the final acquisition contract for each property separately?
2. When your City approves and pays on a tort claim, do you have the claimant sign some kind of release and waiver before you give them a check?

Thank You!

Teresa Nowlin | City Attorney
211 North Elm | P.O Box 2007 | Jenks, OK 74037
918-299-5883 Office

Teresa,

In our city, the ROW acquisition firm and City staff negotiate the ROW and the price, subject to Council approval, and then it comes before Council for approval of the terms of the ROW and authorization of the payment.

On a tort claim, yes, we generally require execution of a release.

Jonathan E. Miller
City Attorney
City of Mustang
1885 Piedmont Road N., Suite B
P.O. Box 546
Piedmont, Oklahoma  73078
Telephone: (405) 883-6266
Facsimile: (405) 883-6155

This message is sent by a lawyer and may contain information that is privileged or confidential.  If you received this transmission in error, please notify the sender by reply e-mail and delete this message and any attachments.  This e-mail is intended for the addressee(s) only, and may not be distributed to any other person without written consent of the sender.  Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including attachments) is not intended or written to be used and cannot be used for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

From: Oama oama-bounces@lists.imla.org On Behalf Of Teresa Nowlin
Sent: Wednesday, October 21, 2020 2:59 PM
To: OAMA Luistserv oama@lists.imla.org
Subject: [Oama] 2 questions: (1) ROW Acquisitions process; and (2) Tort Claims

1. I'm looking for best practices for Council approvals and the ROW acquisition process. We have our first project that does not involve ODOT that involves acquiring a significant number of parcels (since I've been here at least). We are using Universal Field Services. Do you just have Council appropriate an initial pot of money for ROW acquisition and only go back to Council if you need more money? Do you have Council approve the final acquisition contract for each property separately?
2. When your City approves and pays on a tort claim, do you have the claimant sign some kind of release and waiver before you give them a check?

Thank You!

Teresa Nowlin | City Attorney
211 North Elm | P.O Box 2007 | Jenks, OK 74037
918-299-5883 Office

Teresa,

Yes, City of Norman followed a similar process as Jon described.  We usually had a ROW Agent who tried to acquire the property short of a condemnation process.  If agreement could not be reached, then it came to Legal and we prepared a Resolution of Necessity for City Council to consider to start a formal condemnation process.

Allocation or appropriation of funding was normally handled up front with the budget adoption process if the City Staff was aware a project would be coming up within the fiscal year.  If the amount appropriated for the project was not enough for the acquisition of property for the project then a supplemental appropriation would come forward as needed.

On smaller projects that just happened to come along, then if we had funding already appropriated to another account to cover the cost of appraisals or other acquisition costs, then we would use those funding sources until an agreement was reached on the acquisition price.  Then we could go forward with a property acquisition contract with an appropriation of full funding at that time.

On tort claim settlements, we always required a full release of all liability arising from the incident, whether know or unknown, in exchange for payment.

Hope this helps.

Jeff Bryant

OMAG's COVID-19 Info Page: https://www.omag.org/covid19-faq

Jeff H Bryant
Director of Legal Services
Associate General Counsel
jbryant@omag.orgmailto:jbryant@omag.org

[OMAG Small Logo Smooth]
3650 S. Boulevard
Edmond, Oklahoma  73013
Phone: 405-657-1419
Fax: 405-657-1401
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From: Oama oama-bounces@lists.imla.org On Behalf Of Jon Miller
Sent: Wednesday, October 21, 2020 3:39 PM
To: Teresa Nowlin tnowlin@jenksok.org; OAMA Luistserv oama@lists.imla.org
Subject: Re: [Oama] 2 questions: (1) ROW Acquisitions process; and (2) Tort Claims

Teresa,

In our city, the ROW acquisition firm and City staff negotiate the ROW and the price, subject to Council approval, and then it comes before Council for approval of the terms of the ROW and authorization of the payment.

On a tort claim, yes, we generally require execution of a release.

Jonathan E. Miller
City Attorney
City of Mustang
1885 Piedmont Road N., Suite B
P.O. Box 546
Piedmont, Oklahoma  73078
Telephone: (405) 883-6266
Facsimile: (405) 883-6155

This message is sent by a lawyer and may contain information that is privileged or confidential.  If you received this transmission in error, please notify the sender by reply e-mail and delete this message and any attachments.  This e-mail is intended for the addressee(s) only, and may not be distributed to any other person without written consent of the sender.  Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including attachments) is not intended or written to be used and cannot be used for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

From: Oama <oama-bounces@lists.imla.orgmailto:oama-bounces@lists.imla.org> On Behalf Of Teresa Nowlin
Sent: Wednesday, October 21, 2020 2:59 PM
To: OAMA Luistserv <oama@lists.imla.orgmailto:oama@lists.imla.org>
Subject: [Oama] 2 questions: (1) ROW Acquisitions process; and (2) Tort Claims

1. I'm looking for best practices for Council approvals and the ROW acquisition process. We have our first project that does not involve ODOT that involves acquiring a significant number of parcels (since I've been here at least). We are using Universal Field Services. Do you just have Council appropriate an initial pot of money for ROW acquisition and only go back to Council if you need more money? Do you have Council approve the final acquisition contract for each property separately?
2. When your City approves and pays on a tort claim, do you have the claimant sign some kind of release and waiver before you give them a check?

Thank You!

Teresa Nowlin | City Attorney
211 North Elm | P.O Box 2007 | Jenks, OK 74037
918-299-5883 Office