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