HomeMy WebLinkAboutResolution No. 93-C133 RESOLUTION NO. 93-C133
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AZUSA FINDING AND DETERMINING THAT THE
PUBLIC INTEREST AND NECESSITY REQUIRE THE
ACQUISITION OF CERTAIN UTILITY EASEMENTS AND
ELECTRICAL DISTRIBUTION FACILITIESs AT THE
RANCH CENTER, IN FEE 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 November 1, 1993, after at least fifteen ',
(15) days written notice to the owner of the easements and
electrical distribution facilities described in Exhibit A, the City
Council held a hearing for the purpose of allowing the owner,
Southern California Edison Company, a reasonable opportunity to
appear and be heard on the following matters:
A. Whether the public interest and necessity require
the project;
B. Whether the 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 property sought to be acquired is
necessary for the project; and
D. Whether the use of the property sought to be
acquired is a more necessary public use than the
use to which the property is 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 utility easements and electrical distribution
facilities more particularly described in Exhibit A, and depicted
on maps also contained in Exhibit A, which is attached and
incorporated by this reference, for electrical distribution, a
public use. 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 utility easements and electrical
distribution facilities 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 property for electrical
distribution purposes is necessary for that
purpose; '
B. The location of 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;
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C. The property and the taking of the interest in the
property; 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;
E. Offers required by Section 7267. 2 of the California
Government Code have been made to the owner of
record; and
F. Acquisition of the property has been submitted to,
and favorably reported upon to the City Council, by
the Planning Commission as to conformity with the
City's adopted General Plan pursuant to Section
65402 of the California Government Code.
SECTION 3. The City Council does hereby declare that it
is the intention of the City to acquire these properties in its
name in accordance with the provisions of the laws of the State of
California with reference to condemnation procedures.
SECTION 4. The properties are located in the City of
Azusa, County of Los Angeles, State of California, and are
particularly described and depicted in Exhibit A.
SECTION S. 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 the fee
interest in these properties.
SECTION 6. The City Council also finds that the
acquisition of the .utility easements and electrical distribution
facilities is exempt under Section 15061(b) (3) of the guidelines to
the California Environmental Quality Act.
SECTION 7. The City Clerk shall certify to the adoption
of this resolution.
1993. PASSED,, APPROVED AND ADOPTED THIS IST DAY OF NOVEMBER,
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E F. MASES, Mayor,
Ci y of Azusa
ATTEST*
ADOLPH A. S IS, City Clerk,
City of Az a
APPROVED AS TO FORM:
ZrH BARBOSA, City Attorney,
i of Azusa
APPROVED AS TO CONTENT:
JOSEPH F HSU, irec or of Utilities,
City of Azusa
PEL\4=ae
STATE OF CALIFORNIA )
ss.
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Azusa do
hereby certify that the above and foregoing resolution was duly
adopted by the City Council of the City of Azusa at a regular
meeting held in the City Hall of the City of Azusa on the 1st day
of November, 1993 , and passed by the following vote:
AYES: COUNCILMEMBERS: DANGLEIS, MADRID, NARANJO, ALEXANDER, MOSES
NOES: COUNCILMEMBERS: NONE
ABSENT: CoUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
J
AADOLPHZSOLIS,rk, City of Azusa
STATE OF CALIFORNIA )
ss.
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Azusa and
Clerk of the City Council of the City, do hereby certify that the
above and foregoing is a full, true, and correct copy of Resolution
No. 93-C133 on file in my office and that this resolution was
adopted on the date and by the vote herein stated.
Dated this 1st day of November , 1993.
A 0 PHA SOLIS,
City Cl k, City of Azusa
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