Summary:
The current Council Policy CP 3-1, pertaining to Real Property Acquisition and Eminent Domain, does not effectively account for the acquisition of State Land parcels in connection with Capital Improvement Program (CIP) projects, and lacks a clear and explicit delegation of authority to the City Manager to timely effectuate these types of transactions on behalf of the City. Absent the inclusion of this proposed policy language, contemplated economic development and associated CIP projects could be delayed by unnecessary Council action for administrative processes that would be more efficiently addressed by the City Manager.
Therefore, staff proposes adoption of a new Subsection “F” to Council Policy CP 3-1 that authorizes the City Manager, or designee, to take all necessary actions to acquire any interest in real property identified in the CIP from the Arizona State Land Department (ASLD) as follows:
a. Satisfy all requirements of the Arizona State Land Department (ASLD) to qualify the City as a Qualifying Bidder, including designating a City employee as the authorized representative and authorized officer of the City for such purpose;
b. Bid at public auction;
c. Conduct due diligence on the subject property;
d. Execute a participation contract with ASLD;
e. Agree to and implement zoning or land use designations as may be required by ASLD;
f. Prepare and submit a cashier’s check payable from the City to the “Arizona State Land Department” in the amount specified by ASLD;
g. Sign and submit any affidavit required by ASLD directing immediate payment of all costs and fees required of a successful bidder;
h. Execute all agreements, instruments, and documentation, as approved by the City Attorney, required of a successful bidder by ASLD;
i. Dispose of any rights-of-way on the property as required by ASLD;
j. Timely pay any down payment, fees, and costs required of a successful bidder by ASLD;
k. Remit the balance of the purchase price in accordance with terms approved by ASLD; and
l. Comply with all other terms, conditions, requirements, or requests of ASLD and execute any additional agreements the City Manager or designee deems necessary to effectuate the acquisition of state trust land for purposes consistent with the CIP or this policy.