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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 -1- 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 -2- 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 -3- 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 -4- 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 -5- ! 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. -6-