HomeMy WebLinkAbout1975-11-19; Municipal Water District; Resolution 338RESOLUTION NO. 338
RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT ADOPTING RULES AND REGULATIONS IMPLEMENTING
RELOCATION ASSISTANCE LAW
(Government Code Chapter 16, SS 7260, et seq.)
WHEREAS, Section 7267.8 of the Government Code of
the State of California provides, in part, that all public
entities shall adopt rules and regulations to implement
payments and to administer relocation assistance under the
provisions of Chapter 16 of the Government Code of the State
of California.
NOW, THEREFORE, THE BOARD OF DIRECTORS OF CARLSBAD
MUNICIPAL WATER DISTRICT DOES HEREBY ADOPT THE FOLLOWING
RULES AND REGULATIONS IN REFERENCE TO RELOCATION ASSISTANCE:
1. PURPOSE AND SCOPE
1.1 PurPose
These rules and regulations are adopted pursuant to
Government Code S 7267.8 to implement payments and to administer
relocation assistance according to the provisions of the Reloca-
tion Assistance Law, Government Code, Chapter 16, SS 7260, et
seq. These rules and regulations are to assure the fair and
equitable treatment of persons displaced by the real property
acquisitions and programs of this District.
1.2 ScoDe
These rules and regulations apply to all acquisitions
of real property, or interests therein, undertaken by this
District whether by negotiated purchase, eminent domain, or
otherwise. It is recognized that the Relocation Assistance
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Law has applicability to all real property acquisitions under-
taken by this District regardless of whether relocation of
any residence, business or farming operation is required.
2. DEFINITIONS
2.1 Section 7260 Definitions Incorporated.
The following terms are defined in Government Code
S 7260:
"Public Entity"
'I Per son
"Displaced Person"
'I Business
Farm Operation"
"Affected Property"
"Public Use"
"Mortgage
of the preceding terms are used within these rules
and regulations, they shall have the meaning set forth in Sec-
tion 7260.
2.2 l'Board" shall mean the Board of Directors of the
Carlsbad Municipal Water District.
2.3 "District" shall mean the Carlsbad Municipal Water
District .
2.4 "Manager" shall mean the General Manager of the Carlsbad
Municipal Water District or the designee of said General Manager.
2.5 "Relocation costs" shall mean the costs of relocation
advisory assistance, compensation for displaced persons, addi-
tional payments to displaced dwelling owners, additional payments
to displaced individual or family renters reimbursable expenses
of the owner necessarily incurred for recording fees, transfer
taxes, and similar expenses incidental to conveying real pro-
perty and such other costs as may be foreseeably attributable
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to relocation activities required pursuant to the Relocation
Assistance Law.
3. ACQUISITION PROCEDURES
3.1 In order to promote the policies enumerated in Govern-
ment Code § 7267, the District shall, to the greatest extent
practicable, be guided by the provisions of $j 7267.1to 7267.7,
inclusive, and these regulations, when engaged in the acquisi-
tion of real property.
Where possession of real property is sought pursuant
to an order for immediate possession, strict adherence to
these standards is not required. The District shall, neverthe-
less, attempt to comply with the intent and purpose of the Act
and these regulations to the extent possible under the circum-
stances. Within the guidelines of GC S 7267.3, the District
shall provide maximum prior notice to owners who must relocate
a dwelling due to an order for immediate possession. Even
r- -- though an action in eminent domain may be initiated, District
shall attempt to negotiate a purchase based upon the amount
established as security in the immediate possession proceeding.
3.2 When the manager has determined that acquisition of
real property for public use by the District may be in the
best interests of the District, the manager shall present a
recommendation to the Board. Prior to submitting a recommenda-
tion, the manager shall determine if the proposed acquisition
will leave the owner with an uneconomic remnant and shall
determine if the acquisition of a larger or smaller parcel
will correct any such uneconomic remnant and still serve the
District's interests.
i-- 3.3 When the Board determines that acquisition of real
property for public purposes may be to the best interests of
the District, it shall direct the manager to hire a qualified
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independent appraiser for the purpose of determining the fair
market value of the parcel proposed to be acquired. The Board
shall also direct the manager to investigate the present use
of the parcel proposed to be acquired and make an estimate of
the relocation costs, if any, which the District may be obli-
gated to pay in accordance with the Act.
3.4 The appraiser shall not give consideration to or in-
clude in the appraisal of the property proposed to be acquired
any allowances for relocation costs, The appraisal shall be
based exclusively on the fair market value of the real property
proposed to be acquired. Manager shall instruct appraiser that
the owner, or his representative, must be afforded opportunity
to accompany the appraiser during inspection of the property.
3.5 The manager shall present the appraisal and the esti-
mate or relocation costs to the Board for consideration in
determining whether the proposed acquisition is to the best
interests of the District. If the Board determines that the
acquisition should take place, the Board shall establish an
amount which it believes to be just compensation, exclusive
of relocation costs, to be paid for the real property. In no
event shall the amount thus established as just compensation
be less than the amount of the approved appraisal. If the
Board believes the appraisal is excessive, it may disapprove
the appraisal and order a new appraisal by a different inde-
pendent appraiser.
3.6 Following establishment of the amount the Board be-
lieves to be just compensation, and prior to the institution of
any action in eminent domain, the manager shall transmit a
written statement of, and summary of the basis for, the amount
so established to the owner of the property proposed to be
acquired. The District shall offer to purchase the property
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for an amount not less than the sum established as just com-
pensation.
3.7 District shall make every reasonable effort to ex-
peditiously acquire the real property through negotiation
prior to the institution of any action in eminent domain.
4. RELOCATION ADVISORY ASSISTANCE
4.1 Program establishment
The manager shall institute a relocation advisory
assistance program where:
(a) Acquisition of real property by the District
will result in the creation of displaced persons; and
(b) It appears that such displaced persons need
relocation assistance.
4.2 Scope of Relocation Advisory Assistance Programs
Each relocation assistance advisory program shall
include such measures, facilities, or services as may be neces-
sary or appropriate to perform all of the tasks detailed in
Government Code Section 7261 (c) .
4.3 Contracting for Relocation Services
Where it appears that a relocation advisory assistance
program will be burdensome upon the District staff, the manager
may contact private or other public entities for the purpose of
establishing a contract to provide relocation advisory assis-
tance in accordance with Government Code Section 7261.5. Pro-
posals for such relocation advisory assistance contracts shall
be submitted to the Board of Directors for approval.
5. RELOCATION PAYMENTS
5.1 Subchapter 6 of Title 2, California Administrative
Code, Relocation Assistance Program (SS 1873 et seq.) is hereby
incorporated as though fully set forth herein, except that
where said subchapter refers to the "State of California" and
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to "the department" they shall be read to mean "the District".
ADOPTED, SIGNED AND APPROVED this 19th day of
November, 1975.
President oVCARLSBAD MUNICIPAL
WATER DISTRICT and of the Board of Directors thereof,
ATTEST:
Secretary of CARLSBAD MUNICIPAL
WATER DISTRICT and of the
Board of Directors thereof.
STATE OF CALIFORNIA 1
County of San Diego 1 ) ss.
I, W. D. CARMICHAEL, Secretary of the Board of Direc-
tors of CARLSBAD MUNICIPAL WATER DISTRICT, DO HEREBY CERTIFY
that the foregoing Resolution was duly adopted by the Board of
Directors of said District, at a regular meeting of said Board
held on the 19th day of November, 1975, and that it was adopted
by the following vote:
AYES : Directors: Carmichael, Engelman, Kelly, MacLeod and Maerkle
NOES : Directors: None
ABSENT : Directors: None
A
W. D. CARMICHAEL
Secretary of CARLSBAD MUNICIPAL
WATER DISTRICT and of the
Board of Directors thereof.
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