HomeMy WebLinkAboutRES NO 63-69RESOLUTION NO. 63-69
A RESOLUTION DETERMINING AND DECLARING THAT THE PUBLIC
INTEREST, CONVENIENCE AND NECESSITY OF THE CITY OF
BAKERSFIELD REQUIRE THE CONSTRUCTION AND MAINTENANCE
OF PUBLIC SEWER FACILITIES AND CONNECTING SEWER LINES
ON THE SOUTH 50 FEET OF SECTION 27, T30, R27 E WITHIN
THE COUNTY OF KERN, STATE OF CALIFORNIA; AND THAT THE
PUBLIC INTEREST, CONVENIENCE AND NECESSITY DEMAND THE
ACQUISITION OF CERTAIN REAL PROPERTY, TOGETHER WITH THE
PRIVILEGE AND RIGHT OF TEMPORARY USE OF AN ADJACENT
WORK AREA TO BE USED BY THE CITY FOR THE CONSTRUCTION
OF SAID IMPROVEMENTS WITHIN THE AFOREDESCRIBED AREA;
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, TOGETHER WITH THE PRIVILEGE AND RIGHT OF
TEMPORARY USE OF AN ADJACENT WORK AREA.
WHEREAS, on September 28, 1965, the electorate of the
City of Bakersfield authorized a general obligation bond issue for
the construction of municipal sewer improvements in the Bakersfield
area; and
WHEREAS, said election provided for the acquisition of
lands, easements and other property necessary to the municipal
improvements authorized by the electorate; and
WHEREAS, it is necessary that the properties designated
on the plans be acquired in order to proceed with the proposed
improvement; and
WHEREAS, Section 1238 of the California Code of Civil
Procedure authorizes municipalities the right of eminent domain
necessary for municipal sewage.
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 and the inhabitants thereof require the
construction and maintenance of public sewer facilities and
connecting sewer lines of the South 50 feet of Section 27, T30,
R27 E.
2. The public interest, convenience and necessity of
said City and the inhabitants thereof demand the acquisition and
taking of that private property and the improvements thereon as
being necessary and proper for the construction of said improve-
ments, together with the privilege and right of temporary use of
an adjacent work area.
3. Said proposed public improvement is planned and
located in the manner which will be most compatible with the
greatest public good and the least private injury.
4. The parcel under consideration is located within
the limits of the approved improvement plans. The said parcel
represents a partial taking of an existing interest.
5. The City Attorney of the City of Bakers field is
authorized and directed to acquire in the name of the City of
Bakersfield an easement in and to all properties and any existing
improvements thereon located on the South 50 feet of Section 27,
T30, R27 E, 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
Municipal Code of the City of Bakersfield, the Streets and
Highways Code, Code of Civil Procedure and of the Constitution
of California relating to eminent domain.
6. For the purpose of preparing, corf~f~encing and
concluding said proceedings the City Attorney is further authorized
and directed to:
A. Make application to the Superior Court of Kern
County for an Order for Immediate Possession
and an Order Fixing Security Therefor in the
way of money deposit as said Court may direct,
so as to permit the City of Bakersfield to
take immediate possession and use of said real
property or existing improvements thereon as
an easement for public use.
B. M~ke deposit of such securities out of proper
funds under the control of the City of Bakers field
in such amounts so fixed and determined and in
such a manner as the Superior Court may direct.
C. Retain and hire experts and employ and use any
other professional services the City Attorney
deems reasonably necessary for the corf~f~encement,
prosecution and conclusion of said proceedings.
-o0o-
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 16th day of June, 1969,
by the following vote:
AYES: COUNCILMEN BLEECKER, HEISEY, REES, RUCKER, STIERN, VEI'I'ER, WHII'I'EMORE
NOES: COUNCILMEN: ';Y2/J~,~..,,
ABSENT COUNCILMEN: ~ ~
ABSTAINJNG COUNCILA~EN: j~Z~"'~t.,'¢.__
Council of the City of Bakersfield
eld
APPROVED: