Consideration and Adoption of Ordinance No. 2016-36:  An ordinance of the Flagstaff City Council authorizing the City of Flagstaff to accept specific deeds of real property and establishing an effective date.

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.

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 not an 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

An ordinance accepting previous dedications and donations was approved on May 19, 2015. No previous decisions have been made regarding the dedications and donations listed in Exhibit A of the ordinance.

1) Adopt Ordinance No. 2016-36 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) Do not adopt Ordinance No. 2016-36 and do not accept the dedicated and donated property.  The City would have to deed the real property back to the Grantor,. 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 rights of way or the protection of open space, or land received in the land trust program. The policy for City acceptance of these dedications is governed both by the charter and by internal process.

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.  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, drainage, slopes, open spaces, rights of way and others.

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