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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.