HomeMy WebLinkAboutRES NO 192-86RESOLUTION NO. 192-86
RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD DECLARING THE PUBLIC NECESSITY
FOR THE TAKING OF CERTAIN PROPERTY FOR
REDEVELOPMENT PURPOSES (CODE OF CIVIL
PROCEDURE SECTION 1245.230)
WHEREAS, the City Council
out the Redevelopment Plan for
Project (the "Project"); and
WHEREAS, certain property (the "Property")
Council in order to carry out the Project; and
of the City of Bakersfield is carrying
the Bakersfield Downtown Redevelopment
is needed by the City
WHEREAS, the City Council has advised those property owners
affected by the Project of the need for the Project and has offered
the property owners an opportunity for hearing before the City Council
on December 17, 1986, pursuant to Section 1245.235 of the Code of
Civil Procedure, State of California; and
WHEREAS, the City Council is adopting this Resolution in compli-
ance with Section 1245.230 of the Code of Civil Procedure;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAKERSFIELD DOES
HEREBY RESOLVE:
1o That the Property to be acquired is for the public purpose of
redevelopment;
2. That the City Council is authorized to acquire property by
eminent domain for the Project pursuant to Health and Safety Code
Section 33391(b);
3. That the general location and extent of the Property to be
acquired are as set forth in Exhibit A,
incorporated; and
e
follows:
project.
That the City Council declares
a. The public
ner that will
least private
c.
attached hereto and hereby
that it has found and determined as
interest and necessity require the proposed
The proposed project is planned and located in the man-
be most compatible with the greatest public good and the
injury.
The Property described in Exhibit A is necessary for the
proposed project.
d. The Offer of Just Compensation required by Government
Code Section 7267.2 has been made to the owners of record.
5. That specific findings of fact supporting the City Council deter-
minations set forth in Section 4 above are set forth in Exhibit B,
attached hereto and incorporated herein.
I HEREBY CERTIFY that the foregoing Resolution was passed and
adopted by the Council of the City of Bakersfield at a regular meeting
thereof held on 17th day of December , 1986, by
the following vote:
AYI:S: COUNCILMEMBERS: CHILDS, CHRISTI:NS[N, SMiTH,"'I~'~PI'?MOORE, DICKERSON, BALVAGGIO
NOES: COUNCILM£~,'IBERS: ~'ff~ ~,
ABSENT: COUNCILMEMS[RS.
ABSTAINING: COUNCILMEMBERS:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED this 17th day of December 1986
MAYOR of the City of B~kersf~eld
APPROVED as to form:
· CzCITY ATTORNEY of the City of Bakersfield
Z
TRUXTUN AVENUE
LEGAL DE'~CRIPTION:
LOT 4 IN BLOCK 307, IN THE CITY OF BAKERSFIELD,
COUNTY OF KERN, STATE OF CALIFORNIA. AS PER MAP
RECORDED NOVEMBER 25. 1898, IN BOOK 1, PAGES 13
AND 14 OF MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COIJNTY
AF 8~ S.E RIGHT-OF-WAY
--PARCEL 307-01
RAYMOND C. ANDERSON
PARCEL
JOHN ~ McwHORTER
uJ 16TH STREET
W
EXHIBIT A
EXHIBIT B
FINDINGS OF FACT
Public Interest and Necessity Require the Proposed Project:
This finding is based on the following facts:
A. The areas of the proposed project include the following condi-
tions and characteristics:
1. There are buildings and structures used for living, com-
mercial and industrial purposes which are vacant, aged,
obsolete, dilapidated, or of shifting uses.
Lot sizes are small and land parcels are owned in fee by
many different persons and/or corporations, therefore,
making it difficult to assemble land for proper
development.
There are properties which are characterized by economic
dislocation, deterioration, and disuse resulting in depre-
ciated land values, impaired investments, and social and
economic maladjustments, all contributing to the reduced
capacity to pay taxes.
There are inadequate public improvements, public facili-
ties, open spaces, and utilities which cannot be remedied
by private or governmental action without redevelopment.
5. There is a growing or total lack of proper utilization of
II.
the areas which has resulted in stagnant and unproductive
conditions of land potentially useful and valuable for
contributing to the public health, safety and welfare.
B. The conditions and characteristics listed in paragraph A above
constitute a blighted area as defined in Health and Safety
Code Section 33030 through 33032, and as found and determined
by City Council Ordinance No. 2033 adopted on August 14, 1972,
as amended.
C. The Community Redevelopment Law (Health and Safety Code
Section 33000, et. seq.) provides in Section 33035(a) that
such blighted areas constitute a serious and growing menace
which is condemned as injurious and inimical to the public
health, safety and welfare of the people of the communities in
which they exist and of the people of the State.
The proposed Project will help to eliminate and prevent the
spread of blight and deterioration in the Project by providing
for the assemblage of parcels for an adequate site for the
integrated development and construction of a hotel and conven-
tion center complex and parking facilities.
The Proposed Project Is Planned and Located in the Manner That
Will Be Most Compatible With the Greatest Public Good and Least
Private Injury.
A. The facts stated in Section 1 above support the public good
for the Project.
III.
IV.
In selecting the Site for the proposed Project, the objec-
tive of the Agency and City Council was to provide one large
integrated site to provide the facilities necessary to serve
the community, but to use as little private property as pos-
sible by combining it with the existing civic auditorium
site.
The Property Being Acquired is Necessary for the Proposed
Project in order to be able to provide a facility adequate to
serve the needs of the public and to acquire as little private
property as possible, acquisition of the properties surrounding
the existing civic auditorium property is necessary in order to
combine them with the existing civic auditorium property,
thereby providing one large area of land for the integrated
development of the hotel and convention center facilities.
The Offers Required by Section 7267.2 of the Government Code
Have Been Made to the Owner Or Owners or Record.
Mary L. Strenn, Deputy Executive Director of the Redevelopment
Agency of the City of Bakersfield, on November 19, 1986, trans-
mitted offers of the attached property. Such others were in
amounts equal to the appraised values as determined by Bruce
Beaudoin, in his approved appraisal of the subject property
dated June 20, 1986.
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