HomeMy WebLinkAboutRES NO 092-11RESOLUTION NO. 092-11
RESOLUTION DETERMINING THAT
THE CITY COUNCIL WILL HEAR RESOLUTIONS
OF NECESSITY FOR THE TRIP PROJECTS IN THE
EVENT EMINENT DOMAIN PROCEEDINGS
ARE NECESSARY
RECITALS
WHEREAS, the City of Bakersfield is working with the State of California
Department of Transportation (Caltrans) on the Thomas Roads Improvement
Program (TRIP); and
WHEREAS, the TRIP projects will benefit the travelling public; and
WHEREAS, the City of Bakersfield is vested with the power of eminent domain
to acquire real property by virtue of Article 1, Section 19 of the Constitution of the
State of California, Section 37350.5 of the Government Code of the State of
California, and Sections 1240.010 and 1240.110 of the Code of Civil Procedure of
the State of California; and
WHEREAS, because of the time consuming process that the California
Transportation Commission must go through and the lead time for placing matters
on their agenda, Caltrans has requested the City acquire the properties necessary
for the TRIP projects; and
WHEREAS, adoption of this proposed Resolution is the first step in conducting
the Resolution of Necessity hearings and related eminent domain process.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Bakersfield as
follows:
1. The above recitals are true and correct.
2. That the Council of the City of Bakersfield will hear Resolutions of
Necessity associated with the acquisition of real property and real
property interests for the eminent domain process for the Thomas Road
improvement Program projects.
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171RIGINAL
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 n__rl 1 0 2011
by the following vote:
AYES: COUNCIL MEMBER SALAS, WEIR, COUCH, HANSON, SULLIVAN, JOHNSON
NOES: COUNCIL MEMBER Y\
ABSTAIN: COUNCIL MEMBER nm-x
ABS COUNCIL MEMBER a WI
CITY CLERK and Ex Off (c Clerk of the
Council of the City of B kersfield
APPROVED OCT 1 9 2011
By
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By
OSHUA H. RUDNICK
Deputy City Attorney
O~ P, KF,9~
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