HomeMy WebLinkAboutRES NO 188-87RESOLUTION NO. 188-87
A RESOLUTION OF THE CITY OF BAKERSFIELD
DECLARING THE PUBLIC INTEREST AND NECES-
SITY FOR THE TAKING OF CERTAIN PROPERTY
FOR MUNICIPAL AIRPORT PURPOSES (PARCELS
1 AND 2). CODE OF CIVIL PROCEDURE
SECTION 1245.230.
WHEREAS the City of Bakersfield currently owns the
Bakersfield Municipal Airport; and
WHEREAS, the Bakersfield Municipal Airport, pursuant to
that plan adopted October 15, 1983 is to be expanded; and
WHEREAS the expansion of said Bakersfield Municipal
Airport requires the acquisition of privately owned land; and
WHEREAS [he land herein described is necessary for the
expansion of the Bakersfield Municipal Airport; and
WHEREAS the City Council approved the appraisal on the
herein described property on October 29, 1986; and
WHEREAS the City of Bakersfield has conveyed an offer
pursuant to said appraisal on February 19, 1987; and
WHEREAS, the property owners did not accept the offer of
the City of Bakersfield; and
WHEREAS, the City of Bakersfield has advised the property
owners affected by the acquisition of land needed for the Bakers-
field Municipal Airport and has offered the property owners an
opportunity to be heard before the City Council on September 23,
1987, pursuant to Section 1245.235 of the California Code of Civil
Procedures (C.C.P.); and
WHEREAS, the City Council is adopting this resolution in
compliance with Sections 1240.030 and 1245.230 of the C.C.P.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
BAKERSFIELD DOES HEREBY RESOLVE:
1. That the property to be acquired and described
Exhibit "A" attached hereto is for the purpose of a public
municipal airport;
2. That Section 1240.010 of the California Code of Civil
Procedures authorizes municipalities to exercise the right of
eminent domain to acquire property necessary for public use;
3. That the property is located on Madison Avenue south
of the Bakersfield Municipal Airport and consists of approximately
9.66 acres as more specifically described in Exhibit "A" attached
hereto and incorporated herein;
4. That the City Council declares that it has found and
determines as follows:
A. The public interest and necessity require the
expansion of the Bakersfield Municipal Airport;
B. The proposed airport expansion is planned and
located in a manner that will be most compatible with the greatest
public good and least private injury;
C. The property described in Exhibit "A" is
necessary for the Bakersfield Municipal Airport expansion;
D. The offer of just compensation required by
California Government Code Section 7267.2 has been made and has
not been accepted;
5. That specific findings of facts supporting the City
Council determination set forth in Section 4 above are contained
in Exhibit "B" attached hereto and incorporated herein.
.......... o0o ..........
Exhibit "B" - Continued
IV.
The offer as required by Section 7267.2 of the Government
Code has been made. This finding is based on the following
facts:
On February 19, 1987, Mr. J. David Kennon, Economic
Development Director, conveyed an offer to Mr. Burger
which Mr. Burger received on February 23, 1987. Said
offer was based upon the appraisal of the subject pro-
perty.
On July 22, 1987, another offer was conveyed to Charles
and Charlotte Burger as Trustees of the Burger Family,
containing the same offer as that of February 19, 1987.
This offer was also not accepted by Charles and Charlotte
Burger.
ADD/meg
R RES 5
AIRPORTEXB
- 2
m,
ANTICIPATED
mm
j L.:
_ mm_b
mmm
ALL WEA
BAKERSFIELD AIRPARI
AIRPORT MASTER PL