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HomeMy WebLinkAboutRESOLUTIONS - 12071976 - 76/1167 EXHIBIT A BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA Re : Revised County Policy ) on Requested Condemnation. ) RESOLUTION NO. 76/1067 The Board of Supervisors of Contra Costa County RESOLVES TIIAT: The following is hereby adopted as the policy and procedure for handling requests (private or by other public agencies) for the exercise of eminent domain by the County to acquire property for public use and inprovement to facilitate beneficial develop- ment of the County without unnecessary cost to the taxpayers , and to allow effectuation of applicable laws' (e.g. , Calif. Const. Art. I §19, C. C.P. §§1240. 010, 1240. 020, Health and Safety Code §4967, and Ord. Code 3914-2 .006(e ) ) : CONDEITIATION REQUEST POLICY A. Requests for Condemnation Application Requirements. Requests for condemnation shall be submitted to the Clerh of the Board of Supervisors. The re- quest shall contain the following information: 1. Name , address and telephone number of the party making the request. If a corporation, partnership, etc. , also state name of contact person. 2. Name , address and telephone number of the legal counsel for the party making the request. 3. Name and address of the owner(s) of the property proposed to be condemned. 4. Legal description (metes and bounds) and plat map (drawn to scale) of the property proposed to be condemned. 5. Statement of how the request meets the criteria specified in subsections 1. and 2. of the Duties section of Part B. below and the reasons for the request. 6. Statenent of all offers made to obtain the property by negotiation and copies of correspondence indicating offers and responses. 7. Statement of- actions taken to' comply with the Environmental Quality Act of 1970 (Public Resources Code §§21000 et seq. ) , Govern- ment Code §65402, and the Relocation Assistance Act (Govt. C. 5§7260 et seq. ). Board Clerk. The Clerk of the Board of Supervisors shall transmit the request to the Condemnation Screening Committee for recommendation to the Board. B. Condemnation Screening Committee General. The Condemnation Screening Committee shall be com- prised of representatives from the Public Works Department in- cluding its Real Property Division, Office of the County Adminis- 334 RESOLUTION NO. 76/ 1067 trator and Office of the County Counsel. The Public Works Depart- ment shall serve as chairman for the purpose of calling meetings , setting agenda, taking minutes and preparing reports to the Board of Supervisors. In addition to the Committee members, meetings called for the purpose of studying a condemnation request shall be attended by the party requesting the action and, if possible, his legal counsel. The owner of the property proposed to be con- demned shall also be provided the opportunity to be present and heard at the meeting. Duties. The Committee shall determine if the request meets the following criteria: 1. (a) The property proposed to be condemned is to be taken for a particular public use for which the County has statutory authority to acquire property by eminent domain. (b) The public interest and necessity requires the taking; of the property and the public improvement (the proposed project) . (c) The property is necessary for the proposed project. 2. The proposed project is planned or located in the manner that will be most compatible with the be greatest public good and the least private injury. 3. The proposed acquisition is primarily for the benefit of, and of substantial importance to, the County or one of its associated public entities . 4. The requesting party has made every reasonable effort to acquire the property by negotiations including, when deemed appro- priate by .the Committee, the obtaining of a market value appraisal by an independent qualified appraiser, or the employment of a disinterested third party to conduct negotiations (e .g. , the Public Works Department' s Real Property Division) , or whatever further action the Committee deems necessary for pre-condemnation negotiations. 5. The Environmental Quality Act of 1970, Government Code §65402, and the Relocation Assistance Act (Govt. C. 5§7260 et seq. ) have been complied with; or the Committee determines and recommends what further action must be taken by the county and/or the requesting party to insure such compliance. Report. The Committee shall report its findings to the Board of Supervisors together with its recommendations for action by the Board. C. Action by the Board of Supervisors After receiving the recommendation of the Condemnation Screening Committee, the Board will either disapprove or approve as follows: 1. Disapproval. Deny the request if it determines that the acquisition is of only incidental or slight public benefit or that insufficient attempts have been made to acquire the property by negotiation. 2. Tentative Approval and Final Decision. a Agreement.•� If it is satisfied that all the criteria listed in Section "B' of this Policy are met, tentative lywapprove _2- RESOLUTION NO. 76/1067 335 the request and authorize the County Counsel to prepare an agree- ment as provided in Section "D" of this Policy to be entered between the requesting party and the County. (b) Resolution hearing. After an agreement (to the County Counsel's satisfaction as to form and security in accordance with the provisions of Section "D") has been entered, initiate condem- nation proceedings by adopting a "Resolution of Intention To Adopt Resolution of Necessity" and setting a hearing on the proposal that consideration be given to adopting a resolution of necessity and authorize the County Counsel and other County departments to assist therein as may be appropriate (e.g. , Real Property Division for right of way services) . (c) Final Action. After a public hearing has been conducted on the proposed adoption of the resolution of necessity , determine whether to adopt it and proceed with the condemnation action or take no further action. If the Board determines not to adopt the resolution of necessity, the requesting party shall bear all costs incurred as provided in the agreement. D. Agreement The requesting party shall execute and comply with an agree- ment with the County containing at least the following provisions : 1. Costs . The requesting party will bear and pay all costs of complying with the environmental impact process , acquiring the necessary property including the purchase of fee titles or rights of bray necessary to accomplish this work, providing relocation assistance , etc. , all condemnation suit costs incurred in acquiring said property and rights, the compensation awarded to the property owners , court and appeal costs, attorney' s fees , and fees of appraisers approved by the County. The requesting party shall covenant to hold the County absolutely free, clear and harmless from any costs incurred for said property and rights acquisition whether by negotiation or condemnation, and from all liability arising from this work, including. abandonment costs and costs awarded upon a finding of no (or insufficient) public use and/or necessity. Further, the requesting party shall agree to bear all costs incurred by itself and the County as pro- vided in the agreement should the Board of Supervisors determine not to adopt the resolution of necessity. 2. Legal Services. The County Counsel' s Office shall have supervision of the said condemnation action, but the requesting party's attorney shall perform all legal services required for said condemnation action, such as making all required legal appearances , conducting the trial of said matter and handling any required post trial proceedings , including appeals . The County shall not in any manner be liable or responsible to the requesting _ party's attorney for legal services rendered for the said condemna- tion action. The County retains the right at any time at its sole discretion to direct that legal services for said condemnation action be- exclusively provided thereafter by the Office of the County Counsel with all costs thereof to be borne by the request- Ing party as provided in the agreement. Further, in the agreement, the County shall associate the requesting party's attorney as Special Counsel for the County to provide the legal services specified0in the agreement. -3- - " 336 RESOLUTION NO. 76/11L61 3. Reimbursement . In connection with the reimbursement of the County for all costs set forth in subsections 1 and 2 above, the requesting party shall agree as follows : (a) To pay to the County of Contra Costa at the time of executing the agreement a sum as provided therein on account of right of way services (negotiations , relocation assistance, etc. ) to be rendered by the Real Property Division of the Public Works Department of the County for said proposed condemnation action or other services (EIR, legal, etc. ) to be provided by County Departments (e.g. , County Counsel 's Office, Planning) , which will be refunded to the requesting party when the condemnation is concluded (acquisi- tion, abandonment , Board decision not to adopt a resolution of necessity, etc. ) , less such amounts as are necessary to reimburse said Real Property Division and other County staffs for services rendered to that time and the County for any other costs incurred. Services will be rendered by said Real Property Division and the County Counsel' s Office at the hourly rates provided for in the agreement. County will have no duty to provide its staffs' services except to the extent that funds are deposited with it by the requesting party. If said sum deposited as hereinabove provided for is exhausted, County shall forthwith advise the requesting party in writing. :'he requesting party shall within ten (10) days deposit with the County any additional sum requested with the County. The Real Property Division shall consult with the requesting party and his attorney with regard to any offers to be made to the owner of the property proposed to be acquired. (b) To deposit in Court any amount necessary for security to.. obtain any order for immediate possession in such condemnation action after appraisal by an appraiser or appraisers approved ' by the County. Said deposit, if not withdrawn by the property owner or used by the County to pay any judgment entered,. shall be returned to the requesting party upon the dismissal of the said condemnation action or recordation of a final order of condemnation. (c) The requesting; party will post with the County a bond (in a form acceptable to the County Counsel's Office) guarantee- ing to the County full payment of all judgments and costs awarded in said condemnation all costs therein including appraiser's fees, attorney' s fees , those of the County Counsel's Office if incurred as provided in the agreement and any others including costs and fees on appeal if any appeal is taken. Said bond is to be in the sum of at least trace the amount of the highest approved County appraisal(s) . Said bond shall be submitted to the County within two (2) months after the resolution of necessity is adopted and before the condemnation action is filed. If the bond is not submitted within two (2) months as required, the Board of Supervisors may rescind the adoption of the resolution of necessity and the requesting party shall bear all costs in- curred as provided in subsection 1 & 2 above. (d) The requesting party shall promise to pay reasonable attorney's fees and costs incurred in any suit by or on behalf of the County on said bond or to recover for the County the costs, fees and other items of expense covered by the agreement. (e) The requesting party shall promise to deposit probable compensation with the court pursuant to the provisions of Code of Civil Procedure y1255.010 within 15 days after written County dejiand to do so. .4. RESOLUTION NO. 76/1067 337 (f) The County shall maintain appropriate records reflecting its legal and other expenses. 4. Acquisition Time. It is understood that the property to be condenmed shall be acquired within one year following the filing of the action, either by negotiation or formal condemnation, and that the requesting party and his attorney will take all reasonable actions necessary to effect said acquisition within the one year. This Resolution supersedes Resolution No. 69/648 adopted on October 7, 1969. PASSED on December 7 , 1976, unanimously by the Supervisors present. CERTIFIED COPY I certify that this is a full, true & correct COPY of the original document w•bich is on file in my office, and that It was passed & adopted by the Board of Supervisors of Contra Costa County, California. on the date sbovn. ATTEST: J. R. OLSSON, County Clerk &ez•officlo Clerk of said Board of Supervisors, by Deputy Clerk. D E C 7 1976 vJW:s cc: Public Works Director Director of Planning County Counsel County Administrator County Auditor-Controller .5. RESOLUTION NO, 76/1067 338 r � • • I t" (f) The County shall maintain appropriate records reflecting its legal and other expenses. 4. Acquisition Time. It is understood that the property to be condenmed shall be acquired within one year following the filing of the action, either by negotiation or formal condemnation, and that the requesting party and his attorney will take all reasonable actions necessary to effect said acquisition within the one year. , This Resolution supersedes Resolution No. 69/648 adopted on October 7, 1969• PASSED on December 7 , 1976, unanimously by the Supervisors present. CERTIFIED COPY I certify that this is a full, true & correct copy of the original document which is on file in my office, and that It was passed & adopted by the Board of Supervisors of Contra Costa County, California, on the date shown. ATTEST: J. R. OLSSON, County Clerk &exofficfo Clerk of said Board of Supervisors, by Deputy Clerk. on D E C 7 1976 VJW:s cc: Public Works Director Director of Planning County Counsel County Administrator County Auditor-Controller a -5- RESOLUTION NO. 76/1067 339