§ 25-1-6 Application process and establishing priorities for funding.
(A) The Commission shall establish procedures for submitting applications and granting monies each year from the City’s Agricultural Protection Fund with requirements and guidelines adopted which ensure that the City meets eligibility and priority criteria of both the state and federal agricultural protection programs.
(B) Priorities will be given to organizations and entities with successful experience in acquisition, implementation and oversight of conservation easements. Furthermore, priorities will be given to funding projects that obligate definitive funding, landowner contributions, in kind donations or services, or other land use benefits or resources (for example, the project is located within the Southern Department Corridor of Luke AFB, or unique agricultural lands, or the farming operation provides quantifiable employment benefits).
(C) Applications to the Commission will be submitted and evaluated in a timely manner (establish schedule consistent with state and federal requirements for submission of proposals). The applicant shall submit the following information as part of the application for funding an agricultural conservation easement proposal:
(1) The names of all owners of title to and interests in the land being proposed for the conservation easement.
(2) The holders of any mortgages, deeds of trust, easements, liens, pledges of collateral and any other security interests in the land.
(3) Any lessees, holders of mineral rights, holders of water rights, or other persons who have an interest in the use, occupancy or access to the land.
(4) A legal description of the land.
(5) The name of the proposed easement holder.
(6) The total cost of the proposed agricultural conservation easement.
(7) A description of how the proposed easement meets the stated public policy of the ordinance, and of other state or federal public policy purposes.
(8) Other information the applicant deems necessary to obtain funding for the proposal, including the landowners commitment to donate the required percentage of project cost.
(9) A copy of the proposed easements, with terms and conditions in their entirety, including provisions for disposition of the easement if violations of the terms and conditions occur.
(10) If the proposed easement holder is a private nonprofit organization, that organization will allow for a qualifying governmental entity to hold the second position on the easement agreement authorizing the governmental entity the ability to enforce terms and conditions of the easement, if the qualified easement holder falls to do so.
(11) A statement of specific duties of the easement holder, and a schedule for reporting periodically on all matters pertaining to the easement.
(12) Annual review of this process to ensure consistency with federal and state agricultural protection law, regulation and procedure will be conducted. (Ord. 04-904, passed 6-14-2004)