Madera County Municipal Code Ch. 2.93 Delegation of Authority to Acquire Interest in Real Property

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Editor's note— Ord. No. 593E, § 1, adopted July 21, 2020, amended Chapter 2.93 in its entirety to read as herein set out. Former Chapter 2.93, § 2.93.010, pertained to authority of county public works director to acquire interest in real property and derived from Ord. No. 593D, § 1, adopted Oct. 28, 2014.

A. Delegation Authority. This delegation is made pursuant to Government Code section 25350.60.

B. Responsible Officer and Extent of Authority. The chief of development services, the road commissioner, the public works director, or any deputy public works director is authorized to perform any or all acts necessary to approve and accept for the county the acquisition of any interest in real property. The authority granted by this section shall only be applicable to projects undertaken by the public works department, and only after board direction, by approval of the department's annual budget, to the public works director to commence acquisition of real property for the particular project(s) on the department's approved capital improvement list, qualifying maintenance projects, or as directed by the board.

C. Qualifying Maintenance Projects. Acquisition of right-of-way shall be solely for utility infrastructure, drainage, intersection, and traffic enhancement projects as identified by the public works department for the safety and convenience of motorists and residents.

D. Dollar Limitation. The dollar limitation for any acquisition shall not exceed the sum of one hundred twenty-five thousand dollars for capital improvement projects and fifty thousand dollars for qualifying maintenance projects. For projects other than capital improvement list or qualifying maintenance projects the dollar limitation shall be as established by the board.

E. Procedures for Exercise of Power. The authorized designee shall comply with all applicable laws pertaining to the acquisition of the property as otherwise apply to board action, including, but not limited to: Notice to the property owner(s), appraisal of the subject real property, offer to purchase, recordation of deed(s), and environmental assessment, as may be appropriate.

F. Retention of Board Authority. Nothing in this grant of authority shall divest the board of its authority to acquire interests in real property in its discretion.

G. Duration of Authority. The authority granted by this chapter shall not exceed five years from the effective date of the ordinance which last amends this chapter.

(Ord. No. 593F, § 1, 9-9-25; Ord. No. 593E, § 1, 7-21-20).