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File #: 2017-5847    Version: 1 Name:
Type: Agenda Item Status: Approved
File created: 5/9/2017 In control: City Attorney
On agenda: 5/9/2017 Final action: 5/9/2017
Title: Discuss and consider action to no longer require city council approval for the acquisition, modification or release of easements with a related cost not to exceed $50,000, thereby allowing for administrative approval by the City Manager.

Title

Discuss and consider action to no longer require city council approval for the acquisition, modification or release of easements with a related cost not to exceed $50,000, thereby allowing for administrative approval by the City Manager.

 

Summary

Easements are not real property interests in land by law. They provide a legal right to use land owned by another, which run with the land; therefore, city council approval for the acquisition, modification or release of an easement with a related cost not to exceed $50,000 has not needed city council approval, but may be approved administratively by the City Manager.  It has been the practice of City Council to nevertheless take action to approve easements. At the April 25, 2017 regular meeting, the City Attorney inquired if the Council would like to continue its current practice to require city council approval for easements or if they would like to allow for easements to be administratively approved by the City Manager when the related cost does not exceed $50,000.  The City Attorney was asked to bring an item forward for consideration.

 

Prior City Council Action

N/A

 

Deadline for City Council Action

None.

 

Projected Future City Council Action

N/A

 

Fiscal Impact

N/A

 

Staff Recommendation

Discuss and take action as desired.

 

Drafter

George Hyde

City Attorney