HomeMy WebLinkAboutRES NO 31-68RESOLFI~ON NO o 31 - 68
RESOLUTION DECL~ING TI~T THE P~LIC I~$T ~D
o,~ $~ET I~ T~ CXTY O[ ~~[IE~ ~D DI~CTI~G
~ Cl~ ATTO~Y TO FI~ ACTION [OR T~ AC~UISITIO~
OF SAID PROPEKT~ BY ACTION l~ ~I~T DO~IN,
%~E~S, the City COuncil in full session on September 18~
19~1~ determined that traffic conditions within the City of Bakers= ,'
field were such as ~o necessitate the widenins and improvinE of
and ~i~e ~ne~ and
~M~ on Septe~er 18~ 19~1~. plans entitled Officia~.
Plan for Ulti~e Developmen~ of ~H~ Street $ou~h of Br~Ee
~e~e approved by ~he City Cornoil, and
· ~~ on Jan~ 21, 1964, the Board of
of the 8o~ty of le~ adopted an e~Official Plan Linev~ as
a ~p en~i~ed ~p of Official Plan of South "~ Street and
8~ow goad Be~een Bmda~e Lane and South Union Avenue"~ and
~~ on J~e 13, 1966~ the City Council of the City
of Bakersfield adopted the budget for ~he 1966-67 fiscal yea=~
which budget included fmds for ~he acquisi~ion of right of way for
the widening of Seu~h '~Mev Street between Mine Avenue and
~ne~ and _.
~~, on April 15~ 1968~ detailed plans for the
widening and ~provfng of South nH~ Scree~ between Mins Avenue and
~i~e hne were approved by the City Ce~cil, and
~~S~ p~$~nt to said authorization of acqui$i~ion~
certain 'properties have been acquired by ~he City of Bakers fie ld ~
5y reason of the re,a1 of the property o~ers to sell
~REAS~ it is neeessay7 to acquire the designated
p~perty within ~hs limits of ~he app~oved improve~en~ plan~ and
adopted plan lina~ f~ ~ou~h "~" $~re~ in ~rde~ ~ proceed wi~h
~he i~r~emen~ of said $~ree~
M~ T~MFO~9 BE IT ~SOL~D b7 ~he Council of ~he" City
of Bakersfield t~t the public interest and necessity
requires the acquisition of all properties on South "M" $~reet
be~een MinE Avenue and White ~ne within ~he limits of ~he
~rovement plans and adopted plan lines~
BE ET F~T~ ESOLVED t~ said proposed public improve=
ment is planned and located in a ~nner which will be mos~
wi~h ~he gr~es~ public ~ood and ~he least private injury, and
BE XT ~T~ MSOLVED that the City Attorney of ~he City
of Bakers field is a~thorized and directed ~o acquire in the
of the City of Bakersfield~ a fee simple estate~ or easemen~
and to all properties on South "H" Stree~ be~een MinE Avenue and
~ite ~ne within ~he limits of the approved improvement plane
and adopted plan lines~ or interests in real proper~y~ by
in ~ccordance with the provisions of the C~rter of the City of
Bakersfield~ ~he Municipal Code of the City of Bakersfield,
Streets and ~ighways ~ode~ Code of Civil Procedure and of
Cons~itu~ion of California relating to eminent do~in~ and
BE IT F~T~ MSOLVED that the City Atto~ey is hereby
authorized and directed ~o co~-ence pro~eedings for ~he acquisition
of those properties hordefinE South "H" Street necessa~ fo~ the
aforeMid pu~ose of improving said 3ou~h "M" Stree~ and
BE IT F~T~R MSOLVED that for the purpose of preparing~
~0~en~ ing 'and 'conc lud'ing~ ~a id' pr6c~d~ng~' the Cit~ A~ ~o~h~y
hereby authorized and direc~ed=
To retain and hire experts and employ and use any
professio~l se~i~ee ~he City At~o~ey deems reasonably necem~
for the con~encement~ prosecution and conclusion of said
proceedings o
To acquire in the name of the City of Bakersfie~d by
condemnation in accordance with the provisions of the Cbamrter of
the City of Bakersfield~ the Municipal. Code of ~he City of
Bakersfteid~ the Streets and Highways Code~ the Code of Civil ..
Procedure and of the Constitution of ~lifo~ia relatinE to emin~t
do~in~ all of the existinE ~prov~en~s which are located partially
~i=hin and partia~ly outside the boundties of said here~abeve
o= after final Jud~ent in Condemation for the purees of 're~vinE
all of said exlstinE i~rovemen~s and co~encin~ the hbXic Work
To prepare and prosecute in the name of ~he City of
Bakerefield~ such proceedins or proceedings in the proper court
~vin$ jurisdiction ~hereof as are necessa~ for such ac~ul~i~ion~
To ~ke application ~o said court for an order fi~inS
~he amour of such security tn the way of money deposit~ as amid
court ~y direct~ and for an order pemi~tin~ the City of Bake=~o
field ~o ~ake i~ediate possession and use of said real prope=~
To rake deposit of s~h security out of proper f~de
~der ~he control of ~he City of Bakersfield~ in such amour so
fixed and detem~ed~ and in such ~nnner as said cour~ ~ ~hich
such conde~ation proceedings are pending ~y direct.
........ o0o .........
ra~lar meeting thereof h~ld on ~he lS~h day of AprilD 1968~ by
the follo~ing vo~e~
AYES: COUNCILMEN HEISEY, HOSKING, REES, RUCKER. STIEP, N, VETrER, WHITTEMORE
NOES: COUNCILMEN:/y"/~
ABSENT COUNCILMEN: 2'
ABSTAINING COUNCILMEN:
Council of ~he City of Baker~fie~do