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HomeMy WebLinkAboutResolution No. 93-C109RESOLUTION NO. 93-C109 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 FACILITIES 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 August 16, 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 NM\MS.e 0 0 with the greatest public good and the least private injury; 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. Counsel are also authorized, should they believe it necessary, to obtain a court order granting to the City the right of possession and occupancy of the properties. Counsel are further authorized to incur on behalf of the City of Azusa all necessary expenses for the preparation and trial of the action, including, but not limited to: A. Authorizing the retention of additional appraisers to evaluate claims or defenses raised by defendants; B. Authorizing additional work by appraisers to make their appraisal reports current, or to evaluate new or additional lines of inquiry not covered in their original report; C. Preparation of maps, charts, diagrams, photographs, printing of the Summons and Complaint in the event such printing is necessary, and all other items for use at trial; D. Authorizing payments to appraisers or other experts for time spent on pre-trial conferences and field trips to inspect property, its neighborhood, and supporting sales; and E. Incurring such additional expenses, including the cost of providing clerical, paralegal, and attorney support services on behalf of the City of Azusa, as, in the judgment of Counsel, are necessary for the preparation and trial of the action. PEL=S.R 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. PASSED, APPROVED AND ADOPTED THIS 16TH DAY OF AUGUST, 1993. EU NE F. MOSES, Mayor, Ci y of Azusa ATTEST: A j J '4a OLPH A. SbLIS, ditY Clerk, City of Az sa APPROVED AS TO FORM: HENIV S. SAR Sj►," City Attorney, Cit of Azus 7 APPROVED AS TO CONTENT: J JOSEPH F. 9SU, Di cto Of Utilities, City of Azusa 0 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. C� 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 16th day of August, 1993, and passed by the following vote: AYES: COUNCILMEMBERS: DANGLEIS, MADRID, NARANJO, ALEXANDER, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE 0 ADOLPH SOLIS, City C1 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-C109 on file in my office and that this resolution was adopted on the date and by the vote herein stated. Dated this 16th day of August , 1993. nmw3s.x