HomeMy WebLinkAboutReso 106-1987CITY
RESOLUTION NO. 106-87
COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION DETERMINING THAT THE PUBLIC INTEREST
AND NECESSITY REQUIRE THE ACQUISITION OF THE STREET
LIGHTING FACILITIES AND DIRECTING THE EMINENT
DOMAIN PROCEEDINGS
WHEREAS, the City Council of the City of South San Francisco has considered
the advisability of acquiring street light facilities claimed by Pacific Gas &
Electric ~o., (P.G.& E.); and
WHERE~S, this City by its representatives has participated in discussions
with othel jurisdictions in the County discussing the feasibility and procedure
for such 'uisition; and
WHERE S, P.G.& E. has failed to meaningfully discuss such an acquisition;
and
WHERESS, notice has been properly given as required by and in accordance
with the ,rovisions of Section 1245.235 of the Code of Civil Procedure of the
State of ~alifornia and a hearing has been regularly held and conducted in the
manner pr(,vided by law at which all persons whose property is to be acquired by
eminent d(,main have been given a reasonable opportunity to appear before the
City Coun(I, il and be heard on the following matters:
1
whether the public interest and necessity require the acquisition
of the st et light facilities as authorized by Section 37351 of the Government
Code. i
mb'tos whether the acquisition is planned and located in the manner that
will be compatible with the greatest public good and least private injury.
c~ whether the property sought to be acquired is necessary for the
acquisition, operation and maintenance of the street lighting facilities by the
City. I
d~ whether the offer required by Section 7267.2 of the Government Code
has been m~de to the owners or owners of record.
WHEREAS, the City Council of the City of South San Francisco is vested with
the power ~o acquire property by eminent domain, by virtue of and under the laws
of the State of California,
/
NOW, T~EREFORE, BE IT RESOLVED by the City Council of the City of South San
Francisco ~hat:
1. T~e public interest and necessity require the acquisition of title in
fee simple to the street light facilities more particularly described in
Exhibit "A~ for the purpose of owning, operating and maintaining the same for
street lighting facilities, as a public improvement.
2. The proposed acquisition and any improvements proposed to be made, are
planned and located in the manner which will be most compatible with the greatest
public good and least private injury.
3. The offer required by Section 7267.2 of the Government Code has been
made in wr"ting to the owner or owners of record.
4. T~e law firm of McCracken, Byers & Martin is hereby directed to in-
stitute an¢ conduct to a conclusion, an action in eminent domain for the acqui-
sition of the estates and interests described, including obtaining the necessary
order for prejudgment possession, and to take such action as is necessary. In
exchange for the above services, the law firm of McCracken, Byers & Martin shall
be paid a proportional share of the costs incurred, pursuant to the letter
agreement for legal services for the Peninsula Street Light Authority dated
January 9, 1987.
I hereb~ certify that the foregoing Resolution was regularly introduced
and adopted by the City Council of the City of South San Francisco at a
reqular meeting held on the 9th day of
the following vote:
September , 198 7 , by
AYES:
Councilmembers John "Jack" Drago, Richard A. Haffey, Roberta
Cerri Teglia, and Mark N. Addiego
NOES: None
ABSTAIN: None
ABSENT: Councilmember Gus Nicolopulos
i y lerk
_ =2=
RESOLUTION NO. 106-87
EXHIBIT "A"
All Street Light Facilities including Poles, Light, Standards
and all appurtenances necessary for the operation of same which
are owned, controlled and maintained by P.G.& E. within the
jurisdictional boundaries of the City of South San Francisco.