HomeMy WebLinkAboutRES NO 025-13RESOLUTION NO. 025-13
RESOLUTION OF THE BAKERSFIELD CITY COUNCIL
EXPRESSING SUPPORT FOR LITIGATION ATTACKING
CALIFORNIA HIGH SPEED RAIL AUTHORITY'S CURRENT
HIGH SPEED RAIL PLAN FOR ITS NON - COMPLIANCE WITH
PROPOSITION 1A AND COMMITTING FINANCIAL
SUPPORT FOR THAT LITIGATION
WHEREAS, on December 14, 2011, the Bakersfield City Council took a
formal position in Resolution No. 119 -11 against California High Speed Rail
Authority's (the "Authority ") high speed rail project, as currently proposed,
outlining various reasons why the City Council could not support the current high
speed rail project (the "Project "); and
WHEREAS, after the adoption of Resolution No. 119-11, the Citizens For
California High Speed Rail Accountability ( "Citizens ") formally requested that the
City support litigation initiated by the County of Kings, Kings County farmer John
Tos, and Kings County resident Aaron Fukuda in the Sacramento County
Superior Court (Case # 34- 02011- 00113919) (the "Litigation ") that asserts that the
Project as proposed by the Authority does not comply with certain mandates
required by Proposition 1A, the voter - approved bond act that is providing a
portion of the funding for the Project; and
WHEREAS, specifically, Proposition 1A authorizes the use of $9.95 billion in
state bond funds to build a high speed rail project but only if the project
complies with very specific provisions contained within the proposition; and
WHEREAS, the Authority is proposing to spend the State Bond funds without
complying with those mandatory requirements, and the Litigation challenges
this non - compliance; and
WHEREAS, the trial in the Litigation is set to begin on May 31, 2013 in
Sacramento; and
WHEREAS, Citizens is attempting to raise $30,000 to help fund the retention
of qualified legal counsel with experience litigating against the Authority; and
WHEREAS, Citizens has requested that all agencies potentially affected by
the current high speed rail project commit to financially support the Litigation;
and
S: \COUNCIL \Resos\ 12- 13 \HSR1itsupport.docx
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WHEREAS, as outlined in Resolution No. 119 -11, the City of Bakersfield will
be significantly impacted by the Project as it is currently proposed; and
WHEREAS, Citizens has established a fund to receive contributions for legal
support (the "Fund "); and
WHEREAS, the City Council wishes to express its support for the Litigation by
committing financial support it in the amount of $5,000 to the Fund.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield
as follows:
1. The above recitals are true and correct and incorporated herein by
reference.
2. The City Council hereby expresses its support for the Litigation.
3. The Finance Director is hereby authorized to transfer $5,000 council
contingency to the City Attorney's Operating Budget within the General Fund
for support of the Litigation.
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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
MAR 0 6 2013 , by the following vote:
AYES' / COUNCIL MEMBER [VACANT], MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, JOHNSON
ES: COUNCIL MEMBER
ABSTAIN COUNCIL MEMBER
ABSENT: COUNCIL MEMBER rY'SL
MAR 0 61013
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Att rney
By
ANDREW HEGL D
Deputy City Attorney
AH:Isc
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ROBERTA GAFFORD, C
CITY CLERK AND EX FFICIO of the
Council of the City of Bakersfield
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