Consideration and Adoption of Resolution No. 2020-38:  A resolution of the Flagstaff City Council authorizing the acquisition of real property interests necessary for the Rio de Flag Flood Control Project, a public use, providing for delegation of authority, condemnation authority, prior approval of purchases, and establishing an effective date.

Approval of this Resolution is necessary to move forward in the project acquisition of five (5) additional property interests needed for Phase 1, in the Clay Avenue Wash Area. The U.S. Department of the Army and the City entered into a Project Cooperation Agreement for construction of the Rio de Flag Flood Control and Recreation Project dated August 13, 2004, and per Articles III and IV, the City shall acquire real property necessary for the project.

The U.S. Army Corps of Engineers has approved $52 million in funding for its FY2020 Work Plan for the Rio de Flag Flood Control and Recreation Project.

The City has adopted stormwater fees to generate revenues for flood control and stormwater projects, has included the Rio de Flag Flood Control and Recreation Project in its Capital Improvement Program (CIP), so the City is able to pay its required share of funding for the project.

The City is obtaining appraisals and review appraisals by the U.S. Army Corps of Engineers to determine the just compensation to be paid for the real property interests necessary for the project.

The City of Flagstaff (“the City”) has authority to acquire real property pursuant to Article 1, Section 3 of the Charter of the City of Flagstaff.

The City has authority acquire real property necessary for a public use by right of eminent domain (condemnation), pursuant to A.R.S. §§ 9-240, 9-276, 12-1111, 12-1113, and pursuant to A.R.S. § 12-1142 for a public works project funded in part by a federal agency.

Completion of the Rio De Flag Flood Control project advances goals to protect and remove properties that are within the floodplain and proximity of the Rio De Flag. The project will protect property and life, remove the Rio De Flag channel from the Southside neighborhood and relocate the channel back to its original alignment.

The City Council has given prior approval for purchases of the Real Property without the need for any further approval of the Council. 

The City Council has directed the City Manager and Real Estate Manager to provide updates on the status of acquisitions upon the request of a Council Member, to all Council Members.

Ordinance No. 1983 on October 6, 1998
Ordinance No. 2009-22 on August 4, 2009 amending Ordinance No. 1983
Resolution No. 2020-05 on February 18, 2020
Resolution No. 2020-24 on May 19, 2020

Without authorization to acquire the property, the current design of the Rio De Flag Flood Control project cannot be constructed.

City Council adopted Ordinance No. 1983 on October 6, 1998, authorizing the acquisition of real property for flood control and to provide the opportunity for future development along the Rio de Flag and the Clay Avenue Wash.

Although broad authority for the acquisition of the property interests necessary for the Rio de Flag Project is provided for under Ordinance No. 1983, as amended by Ordinance No. 2009-22, the City Council hereby desires to more specifically approve the acquisition of five (5) additional property interests necessary for the construction and completion of Phase 1 of the Rio de Flag Flood Control Project (which includes areas known as the Lower Reach of the Rio de Flag and the Clay Avenue Wash and is conceptually depicted in the map attached hereto as Exhibit 1), and as legally described in the attached Exhibit 2 (“the Real Property Interests”).

The U.S. Army Corps of Engineers, in consultation with the City and the design engineer, has determined that the real properties identified in this resolution are necessary for the project.

The acquisition of real property interest is necessary for thee Rio de Flag Flood Control Project.

The benefit to the community of Flagstaff are privately owned properties have been restricted in their ability to develop. Reduction in the 100-year flood plain will provide economic benefit to the private properties and, ultimately, the City. Reduction of flooding will reduce damages to private property and City infrastructure during periods of heavy rains. Linkages with our Open Space – Greenbelt System along the Rio corridor will provide greater pedestrian and bicycle access throughout the community and provide the opportunity to improve areas of quality riparian habitat. Greenbelt Interfaces with public schools and the NAU campus will offer safer routes for children.