| ITEM #: 12. DATE: 02/28/2022 AI #:699 |
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CITY COUNCIL ACTION REPORT
| SUBJECT: | AUTHORIZE THE CITY MANAGER TO ACCEPT EASEMENTS DEDICATED TO THE CITY |
| STAFF PRESENTER(S): | Sarah Chilton, Deputy City Attorney |
SUMMARY
Resolution NO. 2022-2212 is seeking to change the current process for the acceptance of easements dedicated to the city in support of development within the city.
Recommendation
ADOPT RESOLUTION NO. 2022-2212 AUTHORIZING CITY MANAGER TO ACCEPT EASEMENTS DEDICATED TO THE CITY AND PROVIDING AN EFFECTIVE DATE. (Sarah Chilton, Deputy City Attorney)
FISCAL IMPACT
There is no fiscal impact associated with Resolution No. 2022-2212.
BACKGROUND AND PREVIOUS ACTIONS
City Council currently accepts all easements that are dedicated to the city in support of development within the city. Resolution 2022-2212 is seeking to change the current process and authorize the City Manager to accept these types of easements on behalf of the city providing a more efficient development process.
STAFF ANALYSIS
One of City Council’s focus areas is fiscal and resource management with the stated goal of ensuring that the city’s business practices are “efficient, business friendly, and ensure exceptional customer service to all stakeholders and citizens.”
Currently, City Council accepts all easements that are dedicated to the city in support of development within the city, including utility easements for city infrastructure, public utility easements for public utilities, drainage easements, and access easements. All these types of easements presented to City Council are prepared by the city’s real estate specialist and reviewed by an attorney in the City Attorney’s office or prepared by an attorney in City Attorney’s office. In almost every case, the easements presented to the City Council have been fully executed by the property owner and any lender with an interest in the easement property, if applicable.
The current process requires the easements to be scheduled and presented to City Council as consent agenda items, as their acceptance is essentially proforma. Having the City Council accept easements being dedicated to the city results in unnecessary delays in the development process.
Although easements being dedicated to the city need to be accepted on behalf of the city, it is not necessary for City Council to accept the easements because the easements are required to be dedicated under applicable development regulations or are required for the construction of public infrastructure or public utilities; the locations of the easements are determined by plan review; and the form of easements have been approved by an attorney in the City Attorney’s office.
Pursuant to the Goodyear City Charter and Section 3-1-1 of the Goodyear City Code, City Council is authorized to grant powers and assign duties, in addition to those powers and duties assigned to the Goodyear City Manager in the Goodyear City Charter, provided such additional powers and duties are not inconsistent with the Goodyear City Charter or other laws.
Authorizing the City Manager to accept all easements being dedicated to the city that have been approved by an attorney in the City Attorney’s office provides operational efficiencies resulting in better customer service to city stakeholders.
Lastly, the authority being granted in Resolution 2022-2212 applies only to easements: (i) dedicated to the city for public infrastructure or provided in support of development within the city pursuant to applicable development regulations; (ii) approved by the City Engineer or his/her designee; and approved by an attorney in the City Attorney’s office. City Council approval will still be sought to accept and approve conveyances of city-owned real property, (i.e. granting an easement on city owned Property, declaring city owned Property for a public purpose or conveying, in fee, city owned property); and accept easements dedicated to the city when the City Attorney or his designee determines the easement includes terms that the City Council should consider.
Currently, City Council accepts all easements that are dedicated to the city in support of development within the city, including utility easements for city infrastructure, public utility easements for public utilities, drainage easements, and access easements. All these types of easements presented to City Council are prepared by the city’s real estate specialist and reviewed by an attorney in the City Attorney’s office or prepared by an attorney in City Attorney’s office. In almost every case, the easements presented to the City Council have been fully executed by the property owner and any lender with an interest in the easement property, if applicable.
The current process requires the easements to be scheduled and presented to City Council as consent agenda items, as their acceptance is essentially proforma. Having the City Council accept easements being dedicated to the city results in unnecessary delays in the development process.
Although easements being dedicated to the city need to be accepted on behalf of the city, it is not necessary for City Council to accept the easements because the easements are required to be dedicated under applicable development regulations or are required for the construction of public infrastructure or public utilities; the locations of the easements are determined by plan review; and the form of easements have been approved by an attorney in the City Attorney’s office.
Pursuant to the Goodyear City Charter and Section 3-1-1 of the Goodyear City Code, City Council is authorized to grant powers and assign duties, in addition to those powers and duties assigned to the Goodyear City Manager in the Goodyear City Charter, provided such additional powers and duties are not inconsistent with the Goodyear City Charter or other laws.
Authorizing the City Manager to accept all easements being dedicated to the city that have been approved by an attorney in the City Attorney’s office provides operational efficiencies resulting in better customer service to city stakeholders.
Lastly, the authority being granted in Resolution 2022-2212 applies only to easements: (i) dedicated to the city for public infrastructure or provided in support of development within the city pursuant to applicable development regulations; (ii) approved by the City Engineer or his/her designee; and approved by an attorney in the City Attorney’s office. City Council approval will still be sought to accept and approve conveyances of city-owned real property, (i.e. granting an easement on city owned Property, declaring city owned Property for a public purpose or conveying, in fee, city owned property); and accept easements dedicated to the city when the City Attorney or his designee determines the easement includes terms that the City Council should consider.