Loading...
HomeMy WebLinkAboutRES NO 22-69RESOLUTION NO. 22-69 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 ON SECTION 33, TOWNSHIP 30 SOUTH, RANGE 27 EAST, M.D.B. & M., KERN COUNTY, CALIFORNIA, AND THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY DEMAND THE ACQUISITION OF CERTAIN REAL PROPERTIES, 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 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, the site location for the sewer treatment facilities and disposal has been approved by the voters of the City of Bakersfield, the Bakersfield City Planning Commission and the Kern County Regional Planning Advisory Commission as Section 33, Township 30 South, Range 27 East, M.D.B. & M., 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 California Code of Civil Procedure authorizes municipalities to exercise the right of eminent domain necessary for municipal sewerage. ~' ' 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 on Section 33, Township 30 South, Range 27 East, M.D.B. & M. in Kern County. 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 said property is delineated on the maps attached hereto and marked "Exhibit A" as being necessary and proper for the construction of said improvements. 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 City Attorney of the City of Bakers field 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 Section 33, Township 30 South, Range 27 East, M.D.B. & M., Kern County, California, as generally described in "Exhibit A" 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. 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 17th day of February, 1969, by the following vote: AYES: COUNCILMEN HEISEY, HOSKING, REES, RUCKER, STIERN, VETTER, WHITTEMORE ABSTAIN}NG COUNCILMEN: ~~ ~ ~ ~'~ ~' Q~ the CITY CLERK i Council of the City of Bakersfield APPROVED this~' 'l~th day of Febr ry, 1969 APPROVED: O tL o ~ cn 2F ""~L--~_!4C-.CUTCHEON RD. SUBJECT PROPERTY - 33 TAFT HWY, bF' ....... '3[' 'i: SO S. SCALE: 2:' =I M1L'E! EXHIBIT "/~' A CH~C=(ED K.D.D. ~ K~RN COU~TY. C LIFO~41A ~NGiN~R1NG D~PAi~TMENT