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06;091199f 16:1~ 50~-297-2E~5 <br />~ ~ ~ <br />~ <br />Hanna, McEldowney & Associates <br />8835 S.W. Canyoa Lane, Sulte dOS <br />Portland, OR 9'7225 <br />TEL No.: (503) 297-9588 FAX No.: (503) 29~-2d~ <br />~ <br />~ ~'~ ~ <br />!%, <br />DA1'E: June 9, 1997 <br />H~NNA MCELDOWNE'Y <br />FAX MEMO SHEET <br />TO: Elyn Lyon (fax ~: 588-5495} <br />FROM: Roger Hanna <br />~~ . <br />~, . ~ <br />?:~, ..s <br />`s`s <br />~, <br />P~6E 01 <br />SU$TECT: Marion County/Transit Authority Agreement of Relocation Benefits <br />This memo is to foliow up our telephone conversation regarding the need ta determine what <br />agreement(s) were made by Marion County ar~d the Transit Authority prior to initiation of the <br />Court House Square project. <br />I am raising this issue now because of telephone conversadons I had last week with ODOT artd <br />Federal Highway personnel regarding relocation benefits for public agencies. These discussions <br />can be summariud as follows: <br />1) Public agencies are not specifically included in the Federal 1970 Act (non-profit <br />organizations are}. Therefore, the determination of benefits for pubiic agencies is <br />samewhat problematic. <br />2) Both ODOT and Federal Highway personnel idendfied "moving expenses" and che <br />"search far a replacement site" (limit S1,000) as legidmate relocaaon expenses but they <br />would generally disallow the "In Lieu" and the "reestablishment expense" . Further, they <br />believe that the moving expenses allowance is only for a single move and they would <br />therefore disailaw the cast of moving public agencies back into Court House Square after <br />its completion. <br />3) 4n the other hand, neither of the two parcies I consulted knew of any actual case that <br />involved a decision regarding relocation benefits for public agencies. As a cansultant for <br />Washington County, we made che decision that a state agency would be entided to the <br />reestablishment expense up to the 510,000 limit in the 1970 Act. <br />In order to determine what constitutes a valid relocation expense, it is first necessary to review <br />the agreements between: (a) the Marion County Transit Authority and the FTA to determine <br />what the intent or understanding was regarding reimbursement of relocation expenses; (b) <br />Marion County and the Marion County Transit Authority regarding their understanding, if any, <br />as to what wouid be included for cost sharing. <br />