Discussion and possible action to adopt RES. 2023-128 authorizing the second phase of acquisitions of property rights to accommodate road widening improvements for 67th Avenue from Pinnacle Peak Road to Happy Valley Road by donation, outright purchase or the exercise of the power of eminent domain, in accordance with budget authority previously approved by Council.

In 2007, the City annexed 67^th Avenue from Pinnacle Peak to Happy Valley Roads and has been working to improve the drainage and traffic flow with participation from the neighboring municipalities.  The design is currently underway and the project team has identified several parcels that are considered critical path acquisitions allowing underground utility work to commence.  Final legal descriptions have been provided for the acquisition of the lands necessary to construct these improvements.  The individual parcels are part of the attached resolution.  The formal acquisition process will commence upon Council approval.  The City will offer property owners the opportunity to donate the property, offer appraised value in a negotiated settlement or, as a last resort, request the City Attorney to file for condemnation.  The City will have the properties appraised, as necessary, by an independent fee appraiser.

• August 13, 2019 – City Council adopted Resolution No. 2019-109 for loan authorization with the Water Infrastructure Finance Authority of Arizona (WIFA).

• November 10, 2020 – City Council approved an Intergovernmental Agreement (IGA) with Flood Control District of Maricopa County to fund 50% of the Regional Drainage Improvements.

• August 26, 2021 – City Council approved an Intergovernmental Agreement with the State of Arizona funding drainage improvements on 67^th Avenue.

• May 10, 2022 – Administrative approval of Design Contract Amendment 1 with Point Engineers for underground utility investigation services.

• October 25, 2022 – City Council approved Design Contract Amendment 2 with Point Engineers for final design services.

• November 15, 2022 – City Council adopted Resolution No. 2022-126 authorizing the first phase of land acquisitions.

• December 2, 2022 – Administrative approval of Preconstruction Services Contract with Sundt Construction Inc.

Staff recommends that City Council approve the adoption of the attached Resolution authorizing the second phase of acquisition of the land rights necessary to construct the road widening improvements for 67^th Avenue from Pinnacle Peak to Happy Valley Roads by donation, outright purchase or the exercise of the power of eminent domain.

Funding for the acquisitions is available in the FY 2024-FY2033 Capital Improvement Program – EN00100  67^th Av Widening; Pinnacle Peak to Happy Valley project (7003-7053-540000-CIPST-EN00100).