§ 2-1545. Easements.

(a)

Duties of chief procurement officer. The chief procurement officer is authorized to purchase easements for use by the city, upon the written request from the using agency pursuant to section 2-1518 and authorization by the city council and approval of the mayor by appropriate legislation. Prior to the purchase of an easement for city use, the chief procurement officer shall consult with the using agency.

(b)

Ordinance required. The using agency shall prepare an ordinance for adoption by the city council and approval of the mayor for the purchase of an easement by the city. The ordinance shall authorize the chief procurement officer to purchase easements that are useful and necessary to the city and shall:

(1)

Contain a description of the use of the easement;

(2)

Contain a legal description of the easement;

(3)

Authorize the using agency to obtain the easement for the described purpose;

(4)

Authorize the chief procurement officer to:

a.

Obtain title reports;

b.

Obtain an appraisal; and

c.

Negotiate with the owner.

(5)

Authorize the city attorney, where the chief procurement officer's negotiations with the owner are unsuccessful, to institute necessary legal action through condemnation or any other method provided by law to secure the easement; and

(6)

Appropriate necessary funds for the easement.

(c)

Negotiations and option for easement. The chief procurement officer, after review of the engineering plans prepared by the engineering staff, shall determine the number of easements to be acquired. The chief procurement officer shall give written notice by registered or certified mail to the owner, which notice shall inform the owner of the city project for which the easement is necessary and shall include the appraisal. However, if the project is federally assisted in whole or in part, the chief procurement officer shall solicit quotations from no less than two appraisers as to their appraisal fees, shall select the appraiser and shall notify the owner in writing by registered or certified mail of the name and telephone number of the appraiser and shall advise the owner of the right to accompany the appraiser during the inspection of the property. The chief procurement officer shall prepare an option for easement, and, if the project is federally assisted, a statement of just compensation shall be prepared. The option shall set the purchase price offered at no less than the fair market value of the easement, which fair market value shall be based upon the appraisal. The option and, if necessary, the statement shall be sent to the owner by registered or certified mail. Thereafter, the chief procurement officer shall negotiate with the owner, as necessary to obtain the easement.

(d)

Resolution of acceptance of option: condemnation. If the negotiation of the chief procurement officer with the owner is successful and there is an agreement as to the fair market value of the property and the chief procurement officer executes the option with the owner on behalf of the city, the chief procurement officer shall prepare a resolution for adoption by the city council and approval of the mayor which shall authorize acceptance of the option by the city. The resolution, in accordance with the enabling ordinance, shall:

(1)

Authorize the chief procurement officer to purchase the easement for the proposed city purpose;

(2)

Authorize acceptance of the purchase at the agreed price;

(3)

Authorize the city attorney to close the transaction; and

(4)

Appropriate funds for the purchase of the easement.

However, if the owner rejects the option, the chief procurement officer shall request that the city attorney institute necessary legal action through condemnation or other method provided by law to obtain fee simple title to the easement.

(e)

Notice to using agency. When the easement is acquired, as evidenced by proper recordation of the deed by the city attorney in the office of the clerk of the superior court of the appropriate county, the using agency shall be notified of the city's ownership by the chief procurement officer.

(Ord. No. 2009-78(09-O-1876), § 14, 12-15-09)