Consideration and Adoption of Ordinance No. 2015-10:  An ordinance of the Flagstaff City Council authorizing the City of Flagstaff to accept specific deeds of real property and easements and providing for the repeal of conflicting ordinances, severability, and authority for clerical corrections, and establishing an effective date  (Adopt ordinance authorizing acceptance of real property deeds and easements).

Real property, whether in fee or in easement form, is often acquired during the development review process through dedication or donation.  These acquisitions may be for drainage, utilities, the urban trails system, slopes, rights of way or other public purposes. The City Charter, in Article VII Section 5, requires the City to acquire real property by ordinance. The approval of this ordinance will formally accept the real property donated or dedicated to the city through the development review process or as necessary for an approved capital improvements project. 

Real property is considered a fixed asset in the city. Until City Council approves an ordinance accepting the acquisition that value is not recognized in an audit so while there is actual financial expenditure associated with these acquisitions, there is a fixed asset value the city receives through this action.

COUNCIL GOALS:
3) Provide sustainable and equitable public facilities, services, and infrastructure systems in an efficient and effective manner to serve all population areas and demographics

REGIONAL PLAN:
Goal OS 1 -The region has a system of open lands, such as undeveloped corridors and habitat areas, trails, access to public lands, and greenways to support the natural environment that sustains our quality of life, cultural heritage, and ecosystem health.

Goal WR4 - Logically enhance and extend the City's public water, wastewater, and reclaimed water services including their treatment distribution and collection systems in both urbanized and newly developed areas of the city to provide efficient delivery of services.

Goal WR5 - Manage watersheds and stormwater to address flooding concerns, water quality, environmental protections and rainwater harvesting.

Goal LU7 - Providse for public services and infrastructure.

Goal T4 - Promote transportation infrastructure and services that enhance the quality of life of communities within the region.

An ordinance accepting previous dedications and donations was approved in October 2014. No previous decisions have been made regarding the dedications and donations listed in Exhibit A of the ordinance.

1) Approve Ordinance No. 2015-10 and accept the dedicated and donated real property into City of Flagstaff ownership.  Pros:  Formalizes the transfer of property rights to provide for community goals and benefits.  Cons: No cons.

2) Approve Ordinance No. 2015-10 after removing specific acquisitions and accept the remaining dedicated and donated real property into City of Flagstaff ownership.  Pros: Formalizes the transfer of property rights.  Cons: No cons.

3) Not approve Ordinance No. 2015-10 and not accept the dedicated and donated property under consideration. This will nullify the dedication or donation and the grantor will retain ownership.  Pros: No pros known.  Cons: This will remove protections for utilities, trails, drainage and other public purposes. 

Real property is acquired by the City, as necessary, when developments come through the permitting and review process.  These properties can be easements to allow for a specific purpose such as a utility line or a drainage area, or they can be actual property received through a deed for tights of way or the protection of open space.  The policy for City acceptance of these dedications is governed both by the charter and by internal process.

The City Charter, in Article VII Section 5, requires that all real property be acquired by ordinance. The most recent ordinance accepting donated and dedicated land was Ordinance 2014-24 which accepted real property acquired by donation or dedication prior to October 2014.  Ordinance 2015-10 accepts all the real property donated or dedicated since that time.  There is also an internal staff process for receiving donations and dedications which involves numerous internal stakeholders to ensure proper protection of the City including:

 

1. Review and approval by Community Development, Public Works, and/or Utilities regarding location, legal description, and purpose;
2. Review and approval of the conveyance documents by the City Attorney’s Office;
3. Review and approval of proof of ownership and authority to convey through examination of title and other relevant documents by Real Estate and/or the City Attorney’s Office;
4. When received in fee there is due diligence and approval regarding potential contamination risk through the Sustainability and Environmental Management Section;
5. Final, recordation through the City Clerk’s Office.

Real property is acquired throughout the year by donation and dedication necessary to achieve the Council and Regional Plan goals and to ensure utilities, roads, and specialized area are properly protected.

All real property must be acquired by ordinance per the City Charter.

There is a due diligence process that each acquisition goes through to ensure it is donated or dedicated properly and that the City’s interests are protected.

Ordinance 2015-10 will accept the real property already received and recorded since October 2014.

These acquisitions 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 of the acceptance of the parcels includes proper protection for rights determined necessary for utilities, urban trail systems, drainages, slopes, open spaces, rights of way and others.

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