HomeMy WebLinkAboutMINUTES - 01301990 - 1.18 TO: BOARD OF SUPERVISORS
FROM: Victor J. Westman, County Counsel Contra
By: Dennis C. Graves, Deputy County Counsel costa
DATE: January 25, 1990 Cointy
SUBJECT: Settlement of Railroad Litigation
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AM JUSTIFICATION
Contra Costa County, along with the other counties of
California, has been engaged in two sets of law suits with the
railroads, including Atchison, Topeka and Santa Fe Railroad
(hereafter "Santa Fe" ) and Southern Pacific Railroad (hereafter
"Southern Pacific" ) . One set of cases is in State court, going
back to 1977, asserting defects in the manner in which the State
Board of Equalization made its unitary central assessments of the
Railroads . (The local assessors are not involved with the
assessments that are in issue in this litigation. ) The second
set of cases is in Federal court, going back to 1982, asserting
that the Railroads are over-assessed in relation to other
commercial and industrial property (which is prohibited by the
Federal "4R Act" ) .
The State Board of Equalization and the Counties, through
the Railroad Litigation Steering Committee, have negotiated a very
favorable settlement of this litigation.
The Contra Costa share of the settlement for these cases
(for all agencies in Contra Costa County) is approximately
$2,080,000 . The County previously set aside sufficient funds to
cover its obligation.
The County Counsel recommends that the Board of Supervisors,
at its January 30, 1990 meeting, approve the settlement,-£ as set
forth in the documents submitted by the Railroads after''approval
of the Counties' Railroad Steering Committee, that the Chairman
be authorized to sign the documents, that the County Counsel be
authorized to take whatever further actions are necessary to
effect the settlement, and that Auditor-Controller be directed to
forthwith pay the Railroads in accordance with the settlement if
a majority of assessed valuation approves by February 8, 1990 so
that the proposed settlement becomes final .
DCG/jh
CONTINUED ON ATTACHMENT: YES SIGNATURE'
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDTION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE S f] �/
ACTION OF BOARD ON 3 O D APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS (ABSENT AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES. AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT:_ ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
cc: County Administrator ATTESTED _ �� 0, y�
Auditor-Controller PHI BATCHELOR, CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
BY ��/iT!�/(� ,DEPUTY
M382/7-83