Yuba County Municipal Code Art. 5 Purchase of Real Property

The Purchasing Agent, or designee, as the Administrative Services Director (Purchasing Agent) is responsible for coordination, planning, and negotiation of real property purchases, and for maintaining records of those purchases. The Public Works Director is responsible for coordination, planning, and negotiation of real property purchases for the purposes of Public Works, including but not limited to, roads, bridges, and parks.

(Ord. No. 1532; Ord. No. 1589)

Pursuant to Government Code § 25350, acquisition of real property in accordance with the procedures specified under Subsection 2.50.270 of this Article is exempt from the notice of intent requirements of that statute.

(Ord. No. 1532; Ord. No. 1589)

Pursuant to the authority granted to the Board of Supervisors by California Government Code § 25350.60 the Purchasing Agent, or designee, and Public Works Director are authorized to perform all acts necessary to approve and accept for the County any interest in real property where the purchase price for such interest does not exceed $150,000.00 in accordance with the following specified procedures:

(1) Approved purchase. The acquisition of real property interest is for a public structure, building, road, park, public improvement (collectively "project") or otherwise public purpose previously approved by the Board of Supervisors.

(2) Assurance of funding. Prior to committing the County to acquisition of the property, funding must be identified as assured by the appropriate authority.

(3) Establishment of purchase price. The fair market value of the real property interest to be acquired has been determined by an appraisal or some other generally accepted industry standard or method of valuation. The appraised amount or valuation will be a determining factor along with any other unique or extenuating circumstances associated with the purchase to establish the negotiated purchase price.

(4) Environmental clearance. The purchase may not be consummated prior to compliance with the applicable environmental statutes and regulations.

(5) Approval of acquisition by planning department. When required, the Purchasing Agent, or designee, or Public Works Director shall submit the proposed acquisition to the appropriate Planning Department, Director, Commission or Board in accordance with Government Code § 65402 or any statute which may later become appropriate to make a finding of general plan conformance prior to acquisition of the real property interest.

(6) Environmental compliant. The acquisition complies with the California Environmental Quality Act (CEQA).

(7) County policy compliant. The acquisition of the real property interest will be in accordance with the County's policy and procedures.

(8) Form of instrument. The Purchase Agreement and all other instruments relating to the purchase which includes but are not limited to escrow documents and instruments conveying ownership of the real property interest shall be reviewed and approved by County Counsel prior to final acquisition.

(Ord. No. 1532; Ord. No. 1589)

The Purchasing Agent, or designee, or Public Works Director shall bring the purchase of real property to the Board of Supervisors for approval prior to the final acquisition of the real property for $150,000.00 or less by placing the purchase of real property on the Board's agenda for approval as an item under consent.

(Ord. No. 1532; Ord. No. 1589)

Whenever it is necessary or desirable for the County to purchase real property and the price for such purchase exceeds $150,000.00, the Purchasing Agent, or designee, as the Administrative Services Director, or the Public Works Director shall comply with the notice requirements of Government Code § 25350, except for any of the following:

(1) Acquisition in settlement of an action in eminent domain.

(2) Acquisition of any real property or interest therein for the uses and purposes of county highways, roads, streets or obtaining a right(s)-of-way.

(3) Acquisition for which the Board of Supervisors determines that emergency conditions require more immediate action by the County.

(Ord. No. 1532; Ord. No. 1589)

Pursuant to Government Code § 25350.60(c), the authority granted to the Purchasing Agent, or designee, and Public Works Director under this Article shall be effective for five years from the effective date of the ordinance from which this Chapter derives, after which time such grant of authority shall be deemed expired and of no further effect unless reauthorized by an ordinance of the Board of Supervisors.

(Ord. No. 1532; Ord. No. 1589)