HomeMy WebLinkAboutRESOLUTIONS - 01011968 - 1968-132 IN THE BOARD OF SU PER VI S ORS
OF
CONTRA COSTA COUNTY, STATE OF CALIFORNIA
In the Matter of Supporting }
Passage of Assembly Bill 37 } RESOLUTION NO. 68/132
and Senate Bill 255. )
}
WHEREAS the Board of Supervisors, County of Centra Costa,
California received a communication from Assemblyman William M.
Ketchum of the Twenty-Ninth District, comprising the counties of
Kern, San Luis Obispo, and Tulare, requesting the adaption of a
resolution supporting the passage of Assembly Bill 387, a bill to
amend Section 1174 and to add Section 1034'x,, Code of Civil Procedure,
relating to unlawful detainer, and which bill will repeal the action
brought about by the passage of Assembly Bill 1648 during the 1967
Legislative Session; and
WHEREAS the Board of Supervisors has also received a com-
munication from William H. Davis , Marshal of the Walnut Creek-
Danville Municipal Court District and President of the Marshals
Association of California, requesting the Board to lend support
by resolution for the passage of AB 387, and companion Senate Bill
255 which also amends Section 1174 and adds Section 1034 , Code of
Civil Procedure, relating to unlawful detainer, and which, bill will
also repeal the action brought about by the passage of AB 1648
during the 1967 Legislative Session; and
WHEREAS the County Administrator has been informed on
October 23, 1967 by the Office of the District Attorney, and by
others, that if the 1967 amendments to Section 1174 of the Code of
Civil Procedure , which were brought about through the passage of
AB 1648 during the 1967 Legislative Session, were construed to
require public officers to enforce write of restitution without
the payment of costs by the plaintiff, the expenditures required
in enforcing such writs could, insofar as such expenses were not
recoverable upon release or sale of the affected personal property-
arguably constitute a gift of public funds, prohibited by Section 25
of Article XIII of the California Constitution;
NOW, THEREFORE, BE IT BY' THIS BOARD RESOLVED that its
Chairman, Supervisor Alfred M. Dias , is DIRECTED to request
Senator George Miller, Jr. , Assemblymen James W. Dent and John T.
Knox, and the County Supervisors Association of California to
provide their support of AB 387 and SB 255.
PASSED AND ADOPTED this 27th day of February, 1968 by the
following vote of the Board:
AYES : Supervisors James P. Kenny, James E. Moriarty,
Thomas John Coll, Edmund A. Linscheid,
Alfred M. Dias .
NOES: None .
ABSENT: None,
RESOLUTION NO. 68/132