City Council Meeting - FINAL

Return to the Search Page Return to the Agenda
Meeting Date: 11/21/2023  
Co-Submitter: Bryce Doty From: Carmen Pryer, Real Estate Specialist

Consideration and Adoption of Ordinance No. 2023-25: An ordinance of the City Council of the City of Flagstaff, ratifying the grant and reservation of easements; and formally accepting dedications and donations of easements and real property interests; providing for severability, authority for clerical corrections, and establishing an effective date. (Approving receipt/transfer of easements and real property interests)
1) Read Ordinance No. 2023-25 by title only for the final time
2) City Clerk reads Ordinance No. 2023-25 by title only (if approved above)
3) Adopt Ordinance No. 2023-25
Executive Summary:
The proposed ordinance authorizes property acquisitions as contemplated by the Flagstaff City Charter, Article VII, section 5, which provides that acquisition of all public real property and property exchanges are to be authorized by ordinance. 

The ordinance serves to approve acquisitions or dispositions of real property that already have occurred. The City regularly receives real property interests from private property owners during the development review process and per City Code. 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. Additionally, the City has also granted utility easements across City-owned property necessary for City projects. 

The proposed ordinance also approves some acquisitions or dispositions of real property that have been previously authorized by Council for capital projects, property exchanges, development agreements, or other purposes.  These transactions are included in the ordinance as some of the legal descriptions have changed slightly between original authorization and final design for capital projects, and because having a comprehensive list of transactions is useful for City audit purposes.  

The proposed ordinance does not include a list of the real property interests dedicated to the City upon recordation of a final plat. The City Council approves all final plats.
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:
Connection to PBB Priorities/Objectives, Carbon Neutrality Plan & Regional Plan:
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, February 4, 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.
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 Flagstaff community will benefit from acquisition of real property interests that are used by and serve community needs
Ord. 2023-25
Exhibit A


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

AgendaQuick ©2005 - 2023 Destiny Software Inc. All Rights Reserved.