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HomeMy WebLinkAboutResolution No. 83790 RESOLUTION NO. 8379 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN ELECTRICAL DISTRIBUTION FACILITIES FOR ELECTRICAL SERVICE PURPOSES AND ALL USES APPURTENANT THERETO LOCATED AT THE 800 BLOCK OF ALOSTA AVENUE, AZUSA, CALIFORNIA The CITY OF AZUSA does hereby determine and resolve as follows: SECTION 1. The City Council of the CITY OF AZUSA ("City") finds, determines and declares: (1) That the public interest, convenience and necessity require the acquisition by said City of certain hereinafter described electrical distribution facilities for electrical service purposes and all uses appurtenant thereto; (2) That the electrical service is planned or located in the manner that will be most compatible with the greatest public good and least private injury; (3) That the taking of the facilities as above described is necessary to such use and is authorized by Section 19, Article I of the California Constitution. Section 37350.5 of the Government Code and Sections 1240.010 through 1245.235 of the California code of Civil Procedure and all other applicable laws; and (4) That the offer to purchase required by California Government Code Section 7267.2 has been made to the owner of the facilities to be acquired by the City and that said offer was rejected by the property owner. SECTION 2. The City Council of the CITY OF AZUSA hereby declares that it is the intention of said City to acquire said facilities in its name in accordance with the provision of the laws of the State of California with reference to condemnation procedures. SECTION 3. That if any of the subject facilities have been appropriated to some public use, the public use to which they are to be applied and taken under this proceeding is a more necessary and paramount public use under California Code of Civil Procedure Section 1240.610. SECTION 4. Said facilities hereinabove referred to, the acquisition of which is required by said public interest, convenience, and necessity for the purposes set forth in Section 1 hereof, is located in the County of Los Angeles, State of 01 0 0 California, and is more particularly described in Exhibit "A" which is attached hereto and incorporated herein by reference and made a part hereof. A map showing the general location of the facilities sought to be acquired in this proceeding is marked Exhibit "B" attached hereto and incorporated herein by reference and made a part hereof. SECTION 5. The General Counsel and the firm of Burke, Williams & Sorensen are hereby retained as special counsel, and are authorized and directed to prepare, institute, and prosecute in the name of the CITY OF AZUSA such proceedings in the proper court having jurisdiction thereof as may be necessary for the acquisition of said facilities described in Section 4 hereof. Said counsel is also authorized and directed to obtain an Order of Court granting to said City the right of immediate possession and occupancy of said facilities. SECTION 6. The City Clerk shall certify the adoption of this resolution. SECTION 7. This resolution shall be effective immediately upon its adoption. PASSED, APPROVED AND ADOPTED this 16ttday of February , 1988. May I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Azusa, at a regular meeting thereof held on the 16th day of February , 1988. AYES: COUNCILMEMBERS: AVILA, COOK, CRUZ, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Z,Ll o City Cler