HomeMy WebLinkAboutResolution No. 93-C0210
N0. 93-C21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AZUSA FINDING AND DETERMINING THAT THE
PUBLIC INTEREST AND NECESSITY REQUIRE THE
ACQUISITION OF THE CAPITAL STOCK OF AZUSA
VALLEY WATER COMPANY, FOR PUBLIC PURPOSES AND
ALL USES APPURTENANT THERETO; AND THAT THIS
ACQUISITION IS FOR A MORE NECESSARY PUBLIC USE
THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY DETERMINE AND
RESOLVE AS FOLLOWS:
SECTION 1. On March 1, 1993, after at least fifteen (15)
days written notice to the capital stock owners of the Azusa Valley
Water Company, the City Council held a hearing for the purpose of
allowing the stock owners a reasonable opportunity to appear and be
heard on the following matters:
A. Whether the public interest and necessity require
the proposed municipal utility project;
B. Whether the proposed project is planned or located
in the manner that will be most compatible with the
greatest public good and the least private injury;
C. Whether the stock sought to be acquired is
necessary to accomplish the proposed project of
operating a public utility; and
D. Whether the use of the property to be acquired by
the condemnation of the Azusa Valley Water
Company's stock, is a more necessary public use
than the use to which the property is now
appropriated.
The City Council, as a result of the above hearing, determined that
the public health, safety and welfare requires the acquisition by
the City of the capital stock of the Azusa Valley Water Company to
operate a municipal utility, to wit, a water company, a public
purpose. The acquisition is authorized by Section 19 of Article 1
of the California Constitution; Section 37350.5 of the California
Government Code; and Sections 1240.010 through 1240.050 of the
California Code of Civil Procedure.
The City Council, as a result of the above hearing, also determined
that the acquisition of the capital stock of the Azusa Valley Water
Company for the purpose of operating a municipal utility is a more
necessary public use, as defined by Sections 1240.610 through
1240.700 of the California Code of Civil Procedure.
SECTION 2. The City Council does hereby find, determine,
and declare that:
A. The public interest and necessity requires the
proposed project and the acquisition by the City of
fee simple title to the capital stock of the Azusa
Valley Water Company to operate a municipal utility
is necessary for that purpose;
B. The proposed project is planned in a manner that
will be most compatible with the greatest public
good and the least private injury;
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C. The stock, and the taking of the interest in that
stock, as above described, is necessary for the
proposed project;
D. The use to which the above described property will
be applied is a more necessary public use than the
use to which it is now applied; and
E. Offers required by Section 7267.2 of the California
Government Code do not apply to this condemnation.
SECTION 3. The City Council does hereby declare that it
is the intention of the City to acquire the capital stock of the
Azusa Valley Water Company in its name, in accordance with the
provisions of the laws of the State of California with reference to
condemnation procedures.
SECTION 4. The headquarters of the Azusa Valley Water
Company is located at 617 North Azusa Avenue in the City of Azusa,
County of Los Angeles, State of California.
SECTION 5. The City Attorney, and the law firm of
Barbosa Garcia & Barnes, as Special Counsel, are hereby authorized
and directed to prepare, institute and prosecute, in the name of
the City of Azusa, such proceedings, in the court having proper
jurisdiction, as may be necessary for the acquisition of title to
the capital stock of the Azusa Valley Water Company. Counsel are
also authorized, should they believe it to be necessary, to obtain
a necessary court order granting to the City the right to pre-trial
possession of the water 'company's capital stock.
SECTION 6. The City Clerk shall certify to the adoption
of this resolution.
PASSED, APPROVED AND ADOPTED THIS 1ST DAY OF MARCH, 1993.
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EUGZNE F. MOSES, Mayor,
City of Azusa
I HEREBY CERTIFY that the foregoing Resolution was duly
adopted by the City Council of the City of Azusa, at a regular
meeting held on the 1st day of March, 1993.
AYES: COUNCILMEMBERS: DANGLEIS, MADRID, NARANJO, ALEXANDER,
MOSES
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS:
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ADOLPH SOPS, CiCy Cle
City of A usa
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