HomeMy WebLinkAboutRES NO 24-761
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RESOLUTION NO. 24-76
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAKERSFIELD DETERMINING AND DECLARING THAT THE
PUBLIC INTEREST, CONVENIENCE AND NECESSITY OF
THE CITY OF BAKERSFIELD REQUIRE AND DEMAND THE
ACQUISITION OF CERTAIN LAND, CANALS, APPURTENANCES
TO SAID CANALS, WATER AND WATER RIGHTS IN AND TO
THE KERN RIVER, TO BE USED BY THE CITY FOR A WATER
SUPPLY; AND DECLARING THE INTENTION OF THE CITY OF
BAKERSFIELD TO ACQUIRE SAID PROPERTY UNDER EMINENT
DOMAIN PROCEEDINGS, AND DIRECTING THE CITY ATTORNEY
OF THE CITY OF BAKERSFIELD AND SPECIAL COUNSEL TO
COMMENCE AN ACTION IN THE SUPERIOR COURT, OF THE
STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF KERN,
FOR THE PURPOSE OF ACQUIRING SAID CERTAIN LAND,
CANALS, APPURTENANCES TO SAID CANALS, WATER AND
WATER RIGHTS IN AND TO THE KERN RIVER.
BE IT RESOLVED by the City Council of the City of Bakersfield as
follows:
Section 1. The public interest, convenience and necessity
of the City of Bakersfield and the inhabitants thereof require
the acquisition of the hereafter described land, canals and ap-
purtenances thereto, water and water rights in and to the Kern
River, in fee simple.
Section 2. The public interest, convenience and necessity
of said City and the inhabitants thereof demand the acquisition
of said land, canals and appurtenances thereto, water and water
rights in and to ~he Kern River in fee simple for municipal purpose~
for the water supply of the City of Bakersfield and'its inhabitants.i
Section 3. The property to be ccndemned is entirely within
the County of Kern, and a description of same is contained in the
document attached hereto marked Exhibit "I", which is incorporated
herein by reference and made a part hereto as though fully set forth
at length herein.
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' ~ Section 4. It is hereby found and determined-'that the
public interest and necessity require the 'acquisition by said
City of the property hereinbefore 'described for the providing
of a water supply.for said City and its inhabitants and that
the property described herein is necessary therefor, for the
water supply of'the City of Bakersfield and the inhabitants
thereof; and that such use is a'public use.
Secion 5. The City Attorney of the City of Bakersfield
and Special Counsel' for the City, Helm & Budinger, be, and they
are hereby authorized and directed to commence' an action in the
Superior Court of the State of California, in and for the County
of Kern, in the name and on behalf of the City of Bakersfield,
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'against all owners and claimants of the above described property,
for the.purpose of .condemning and acquiring said property for
the said use of said City.
.o0o
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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 the 12th day of April,
1976, by the following vote:
AYES: COUNCILMEN BAr(TON, BLEECKER, CHRISTENSEN, MEDDERS, ROGEr(S, SCEALES, $TRON61
NOES: COUNCIt.i'~EN: ~z.~ _
ABSENT COUNCiLM.L':T'~:
ABSTAINING COUNCILMEN:
I~~ o~t~~/of Bakersfield
the
,LEGAL DEPARTMENT CITY OF BAKERSFIELD