Title
Amend Ordinance for Acquisition of Real Property and Related Easements and Licenses for South Central Extension/Downtown Hub and Northwest Extension Phase II Light Rail Projects (Ordinance S-47163)
Description
Request the City Council amend Ordinance S-46087 for authorization to acquire additional real property needed for the South Central Extension/Downtown Hub (SCE/DH) extension. Further request to authorize the City Manager, or his designee, to purchase property at a settlement amount arrived at through a mediation process and determined to be reasonable under the circumstances.
Further request the City Council to limit the exception pursuant to City Code 42-20 to authorize inclusion of indemnification and assumption of liability provisions that otherwise would be prohibited by Phoenix City Code 42-18 within the documents for only those transactions between the City and other government agencies.
Report
Summary
Ordinance S-46087 authorized the acquisition of real property for the SCE/DH and Northwest Extension Phase II (NWEII) Light Rail projects. During late project design for SCE/DH, an additional parcel was identified as impacted by the project. The additional parcel affected by the SCE/DH project and included in this request is identified by project parcel number SCE-6129 and Maricopa County Assessor's parcel number 114-16-002G, located at the northeast corner of South Central Avenue and East Jesse Owens Parkway.
The original ordinance authorized acquisition through donation, purchase within the City's appraised value, or by the power of eminent domain, but omitted authorization to purchase at a settlement amount arrived at through mediation. Mediation may be conducted pursuant to Resolution 19813 or through the City's Law Department as mandated by the courts.
The original ordinance authorized inclusion of indemnification and assumption of liability provisions but omitted limiting the exception only to those transactions between the City and other government agencies.
All other conditions and stipulations previously stated in the above referenced ordinance will remain the same.
Financial Impact
The projects are funded with Federal, Regional and T2050 funding. Funds are available in the Public Transit Capital Improvement Program budget.
Location
SCE/DH is located on Central and First avenues, Washington and Jefferson streets, and First Avenue and McKinley Street in the downtown area, then extends from downtown, south along Central Avenue to Baseline Road.
Council Districts: 7 and 8
NWEII is located along Dunlap Avenue at 19th Avenue then extends west along 25th Avenue to Mountain View Road, over Interstate-17 to Metrocenter.
Council Districts: 1, 3 and 5
Concurrence/Previous Council Action
The City Council approved:
- Mediation Program as an Option for Real Property Acquisition (Resolution 19813) on June 5, 2002; and
- Acquisition of Real Property and Related Easements and Licenses for South Central Extension/Downtown Hub (SCE/DH) and Northwest Extension Phase II (NWEII) Light Rail Projects (Ordinance S-46087) on Oct. 16, 2019.
Department
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Public Transit and Finance departments.