The purpose of this Article is to establish the policy for granting
easements on County real property. Such easements shall be granted
pursuant to competitive bidding procedures, except as provided for
hereunder.
(Ord. No. 445, February
15, 1983)
The Finance Director may grant easements through contracts approved
by the County Attorney as to form and legality, without calling for
public bids, when:
(a)
The
intended use does not conflict with use for immediate public purposes;
and
(b)
There
is no reasonable alternative other than the use of public property;
and
(c)
The
proposed use does not create a nuisance or unreasonably affect public
health or welfare; and
(d)
There
is no conflicting request for use of the particular public property.
(Ord. No. 445, February
15, 1983)
(a)
For
use by nonprofit organizations or governmental agencies for public
purposes, the charge shall be five dollars ($5.00). "Non-profit
organization" is defined to mean an association, corporation
or other entity, organized and operated exclusively for religious,
charitable, scientific, literary, cultural, educational, recreational
or other nonprofit purposes, no part of the assets, income or earnings
of which inures to the benefit of any individual or member thereof.
(b)
For
use by others, the charge shall be the fair market value as jointly
established by the Finance Department and the Department of Public
Works, or at the option of the user, the charge shall be the fair
market value as established by a disinterested appraiser paid for
by the user and approved by the Finance Department.
(Ord. No. 445, February
15, 1983)
(a)
The
grant of easement shall specify the duration of the easement and may
provide conditions for termination, including but not limited to abandonment
and public need. The Finance Director, upon approval of the County
Attorney, may require such other terms or conditions as necessary.
(b)
Risks
of the termination of easement for public need shall be at the cost
of the grantee. No damages shall be due or payable to the grantee
upon termination of easement for public need.
(Ord. No. 445, February
15, 1983)
Easements for a term exceeding one (1) year shall be approved
by the Council.
(Ord. No. 445, February
15, 1983)
