City Council Meeting - FINAL


Return to the Search Page Return to the Agenda
  9.C.       
Meeting Date: 11/03/2020  
Co-Submitter: Bryce Doty From: Carmen Pryer, Real Estate Specialist

Information
TITLE:
Consideration and Adoption of Ordinance No. 2020-30:  An ordinance of the Flagstaff City Council ratifying the grant and reservation of easements; and formally accepting dedications and donations of easements and real property interests; delegating authority; and establishing an effective date. (approving receipt/transfer of easements and real property interests)
STAFF RECOMMENDED ACTION:
At the November 3, 2020 Council Meeting:
1) Read Ordinance No. 2020-30 by title only for the first time
2) City Clerk reads Ordinance No.2020-30 by title only (if approved above)
At the November 10, 2020 Council Meeting:
3) Read Ordinance No. 2020-30 by title only for the final time
4) City Clerk reads Ordinance No. 2020-30 by title only (if approved above)
5) Adopt Ordinance No. 2020-30
Executive Summary:
The City regularly receives real property interests from private property owners during the development review process. Typically, these real property interests are acquired by dedication or donation. These acquisitions may be for drainage, utilities, the urban trails system, slopes, rights-of-way, or other public purposes.
 
The City also regularly grants or reserves utility easements across City property necessary for City projects or buildings.
 
This ordinance, which requires City Council action, will ratify the easements and real property either received or granted by City.
Financial Impact:
Real property is considered a fixed asset in the City. Until City Council approves an ordinance accepting the acquisitions, the real property value is not recognized in an audit so while there is not an actual financial expenditure associated with these acquisitions, there is a fixed asset value the City receives through this action.
Policy Impact:
None
Connection to PBB Key Community Priorities/Objectives & Regional Plan:
TRANSPORTATION AND OTHER PUBLIC INFRASTRUCTURE
 Deliver quality community assets and continue to advocate and implement a highly performing multi-modal transportation system.
Has There Been Previous Council Decision on This:
Council has ratified other real property transactions and easements approved through the development review process. This ratification usually occurs on an annual basis. The Council adopted a similar Ordinance No. 2020-03 on January 21, 2020.
Options and Alternatives:
  1. Adopt the Ordinance Pros: Formally approving the real property interest transactions conforms with City practices.
    Cons: None.
  2. Do not adopt the Ordinance. In this case, transactions may be voided or there would be a further discussion as to appropriate action.Pros: None identified.
    Cons: This may result in loss of legal rights to use properties for utilities, trails, drainage, and other public purposes.
Background/History:
The City Charter requires the acquisition and disposition of real property by ordinance. The City generally applies this principle to lesser interests as well.
Key Considerations:

The real property interests received or transferred are necessary for the provision of services as the community grows and the liability assumed is consistent with these same real property rights throughout the community.

Community Benefits and Considerations:

The real property interests received or transferred are necessary for the provision of services as the community grows and the liability assumed is consistent with these same real property rights throughout the community.
The Flagstaff community will benefit from the acquisition of real property interests that are used by and serve community needs

Attachments
Ord. 2020-30
Easements for Ratification
Right of Way Ratification


    

Level double AA conformance,
                W3C WAI Web Content Accessibility Guidelines 2.0

AgendaQuick ©2005 - 2020 Destiny Software Inc. All Rights Reserved.