HomeMy WebLinkAboutRES NO 43-73RESOLUTION NO. 43-73
A RESOLUTION DETERMINING AND DECLARING THAT THE PUBLIC
INTEREST, CONVENIENCE AND NECESSITY OF THE CITY OF
BAKERSFIELD REQUIRE THE CONSTRUCTION AND MAINTENANCE
OF A NEW POLICE BUILDING AND FACILITIES ON LOTS 3 AND
4, BLOCK 315, CITY OF BAKERSFIELD, AND THAT THE PUBLIC
INTEREST, CONVENIENCE AND NECESSITY DEMAND THE ACQUISI-
TION OF CERTAIN REAL PROPERTY, AND FURTHER 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 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 PROPERTY.
WHEREAS, on October 10, 1972, the Budget Review and
Finance Committee met with the architect for the new police building
and determined that the plan which is most suited to the present and
future needs of the Police Department requires the use of the entire
block bounded by Truxtun Avenue on the north, 16th Street on the
south, Eye Street on the east, and "H" Street on the west; and
WHEREAS, on October 10, 1972, the Bakersfield City Council.
adopted the Budget Review and Finance Corf~nittee's report reco~f~f~ending
that the staff obtain the necessary appraisals and enter into nego-
tiations to sell or trade surplus property in order to finance the
acquisition of the lots on the southeast corner of Truxtun Avenue
and "H" Street for the new police building; and
WHEREAS, on June 4, 1973, the Bakersfield City Council
adopted the Budget Review and Finance Committee's report recommending
that the City Attorney be authorized to proceed to acquire the property
at the southeast corner of Truxtun and "H" Street in whatever manner
necessary; and
WHEREAS, the City presently owns all of the said block
with the exception of Lots 3 and 4, Block 315, City of Bakersfield,
located on the southeast corner of Truxtun Avenue and "H" Street;
and
WHEREAS, it is necessary that the property located at
Lots 3 and 4, Block 315, City of Bakersfield be acquired in order
to proceed with the proposed plan; and
WHEREAS, Section 1238 California Code of Civil Procedure
authorizes municipalities to exercise the right of eminent domain
necessary for public buildings.
NOW, THEREFORE, be it resolved that the Council of the
City of Bakersfield FINDS and DETERMINES and ORDERS as follows:
1. The public interest, convenience and necessity of the
City of Bakersfield require the construction of a new police build-
ing and facilities on Lots 1, 2, 3 and 4, Block 315, City of
Bakersfield.
2. The public interest, convenience and necessity of
said City demand the acquisition and taking of that private property
and the improvements thereon described as Lots 3 and 4, Block 315,
City of Bakersfield, located at the southeast corner of "H" Street
and Truxtun Avenue, as being necessary and proper for the construc-
tion of said improvements.
3. Said proposed public improvement is planned and
located in the manner which will be most compatible with the great-
est public good and the least private injury.
4. The City Attorney of the City of Bakersfield is
authorized and directed to acquire in the name of the City of
Bakersfield a fee simple estate in and to all properties and any
existing improvements thereon located on Lots 3 and 4, Block 315,
City of Bakersfield by condemnation in the Superior Court of the
State of California in and for the County of Kern all in accordance
with the provisions of the Charter of the City of Bakersfield-, the
California Code of Civil Procedure and of the Constitution of
California relating to eminent domain.
5. For the purpose of preparing, commencing and concluding
said proceedings the City Attorney is authorized to:
A. Retain and hire experts and employ and
use any other professional service the City
Attorney deems reasonably necessary for the
commencement, prosecution and conclusion of
said proceedings.
I HEREBY CERTIFY that the foregoing Resolution was passed
and adopted by the Council'of the City of Baklrsfield at a regular
meeting thereof held on the 18th day of June, 1973, by the following
vote:
AYES: Councilmen W~ttemore, Bleecker. and Medde~s.
NOES:
ABSENT:
ABSTAIN:
Councilmen Strong and Rogers.
Councilman Thomas
Councilman Heisey
2/3 vote of the City Council required.
meeting.
Not adopted at this
LE
Council of the City of Bakersfield
APPROVED this-:}~f June, 1973
'~~'~t~,ofjBakersfield
APPROVED:
Meeting of the 9th day of July, 1973:
AYES: COUNCILMEN 4~4~.,+E-IGC~, MEDDERS, ROGERS, ~.~eN~, THOMAS, WHITTEMORE
NOES: COUNCILMEN: ~ ....
~,sSi~NT COUNC,,iMEN:
, C ~q .
2~3 vote of the City t adopted a~ this meeting
Meeting of the 23rd day of July, 1973:
~'/E,~: co~J~t-.~t~,,r,,+J BLEECK~, ' , M~D~E,~5, ~OGERS, ~, YHOMAB~ WNITTEMORE
ABSTAINING COUNCI~EN,
Passed and adopted by'a 2/3 vote of the Council.