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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.