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STRATEGIC OUTCOMES |
ACTION |
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Department: |
☐ Safe & Prosperous |
☐ Motion |
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City Administration |
☐ Active & Appealing |
☒ Resolution |
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☐ Respected & Responsible |
☐ Ordinance - Introduction |
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Division: |
☒ Connected & Engaged |
☐ Ordinance - Adoption |
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N/A |
☐ Unique & Creative |
☐ Public Hearing |
TITLE:
title
Authorization for Access Agreements
end
SUMMARY RECOMMENDATION:
Summary Recommendation
Authorize the City Administrator to execute certain access agreements on behalf of the City of Yuma. (City Administration/Engineering) (Jay Simonton/David Wostenberg)
end
STRATEGIC OUTCOME:
The City frequently enters into access agreements with the U.S. Bureau of Reclamation (BOR), the U.S. Bureau of Land Management (BLM), the Army Corps of Engineers (ACE), the Marine Corps Air Station Yuma (MCAS), the Arizona Department of Transportation (ADOT), the Arizona Department of Environmental Quality (ADEQ), the Arizona Game and Fish Department (AGFD), Yuma County, the Union Pacific Railroad (Union Pacific), and various irrigation districts. Standardizing and streamlining the approval process for entering into access agreements with these entities fosters the City’s Connected and Engaged strategic outcome.
REPORT:
Access agreements in the form of a license, encroachment permit or right of use agreement are used when the City seeks to construct or maintain City facilities on property owned or controlled by one of the above-listed entities, or vice-versa, when one of the above-listed entities requires access to City property or right-of-way to maintain its facilities.
These access agreements generally have the following characteristics:
• The agreements are between the City and either the BOR, BLM, ACE, MCAS, ADOT, ADEQ, AGFD, Union Pacific, Yuma County or the irrigation districts;
• There is less than a $1,000.00 payment to the party granting access, but often no cost with the exception of agreements with Union Pacific, which sometimes require payment for railroad track monitoring in addition to licensing fees;
• The party seeking access agrees to defend and indemnify the party granting access for any claims arising from activities allowed under the access agreement; and
• The access agreement does not create a permanent easement or similar property interest for the party obtaining access.
Streamlining and standardizing the City’s process for entering into access agreements that contain all four of the above characteristics will strengthen the City’s partnerships with the above-listed entities by allowing the City to timely respond and react to standard requests and agreements. City staff recommends City Council authorize the City Administrator to execute these types of agreements as an administrative function on behalf of the City.
FISCAL REQUIREMENTS:
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CITY FUNDS: |
$ 0.00 |
BUDGETED: |
$ 0.00 |
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STATE FUNDS: |
$ 0.00 |
AVAILABLE TO TRANSFER: |
$ 0.00 |
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FEDERAL FUNDS: |
$ 0.00 |
IN CONTINGENCY: |
$ 0.00 |
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OTHER SOURCES: |
$ 0.00 |
FUNDING: ACCOUNT/FUND #/CIP |
TOTAL $ 0.00
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To total; right click number & choose “Update Field” |
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FISCAL IMPACT STATEMENT:
Because access agreements, as described above, usually contain no direct payment for access or is calculated as part of the CIP estimate, it is envisioned that proactive authorization of access agreements as described above will have little to no fiscal impact to the City.
ADDITIONAL INFORMATION:
SUPPORTING DOCUMENTS NOT ATTACHED TO THE CITY COUNCIL ACTION FORM THAT ARE ON FILE IN THE OFFICE OF THE CITY CLERK:
None
IF CITY COUNCIL ACTION INCLUDES A CONTRACT, LEASE OR AGREEMENT, WHO WILL BE RESPONSIBLE FOR ROUTING THE DOCUMENT FOR SIGNATURE AFTER CITY COUNCIL APPROVAL?
☐ Department
☐ City Clerk’s Office
☐ Document to be recorded
☐ Document to be codified
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Acting City Administrator: |
Date: |
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John D. Simonton |
01/28/2024 |
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Reviewed by City Attorney: |
Date: |
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Richard W. Files |
01/28/2024 |