HomeMy WebLinkAboutR-8602 Acquire Street Lighting Facilities by Eminent Domain0 0
RESOLUTION NO. 8602 (1996 Series)
A RESOLU'T'ION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
OF THE NECESSITY BY THE CITY OF SAN LUIS OBISPO TO ACQUIRE
STREET LIGHTING FACILITIES BY EMINENT DOMAIN
WHEREAS, the City of San Luis Obispo, a. charter city, is authorized to acquire by
eminent domain public utility facilities for the public use of street lighting pursuant to, among
other provisions of state law, California Code of Civil Procedure Section 1240.110; California
Constitution Article XI, Section 9; Government Code Section 37350.5; Government Code
Section 39732; and Government Code Section 40404(f); and,
WHEREAS, the City of San Luis Obispo desires to acquire certain public utility
facilities, namely all Pacific Gas and Electric Company (hereinafter "PG &E ") street lighting
facilities located within the territorial limits of the City of San Luis Obispo that are on PG&E's
LS -1 Rate Schedule; and which are generally described in the September 1996 Appraisal Report
of R.W. Beck, Inc. (Attachment "A "); and
WHEREAS, the City Council has provided the notice and has held the hearing required
by California Code of Civil Procedure Section 1245.235, and no legal impediment to proceeding
with the acquisition has been shown;
NOW; THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. The City Council of the City of San Luis Obispo declares that it has found
and determined each of the following:
a. The public interest and necessity require the proposed acquisition of all PG &E
street lighting facilities located within the territorial limits of the City of San Luis Obispo that
are on 'PG &E's LS -1 Rate Schedule; and which are generally described in the September 1996
Appraisal Report of R.W. Beck, Inc. (Attachment "A ").
b. The project for which the public utility facilities (generally described herein
and in the Attachment "A ") are to be acquired has been planned and located in a manner that
will be most compatible with the greatest public good and the least private injury.
c. The public utility facilities (generally described herein and in Attachment "A ")
are necessary for the proposed project.
d. The public utility facilities (generally described herein and in Attachment "A ")
are to be acquired pursuant to California Code of Civil Procedure Section 1240.610 and, as
provided in California Code of Civil Procedure Section 1240.650, said facilities are a more
necessary public use than the present use to which said facilities are appropriated.
R8602
Resolution No. 8602 (1996 Series)
Page 2
e. The offer required by Section 7267.2 of the Government Code (to the extent
appropriate) has been made to the owner of record of the public utility facilities generally
described herein and in Attachment "A ".
SECTION 2. The City Attorney is directed to commence proceedings in eminent domain
against the owner of the public utility facilities, including but not limited to pole space on PG&E
power poles on which street lighting luminaires are located, and any and all interest therein or
claims thereto, for the condemnation thereof for the public use of the City of San Luis Obispo.
Upon motion of Council Member Romero second by ,Council Member Smith
and on the following roll call vote:
AYES: Council MembersRoalman, Romero, Smith, Williams, Mayor Settle
NOES: None
ABSENT: None
the foregoing resolution was adopted this 19 day of November , 1996.
ATTESTED:
1ty Clerk 'Bon a L. awf
APPROVED:
Mayor Allen K. Settle
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