HomeMy WebLinkAboutResolutions 89-267 N.C.S. 08/21/1989r Resolution No. s9-267 N.C•S•
,f of the City of Petaluma, California
RESOLUTION OP NECESSITY AUTHORIZING ACQUISITION
OF CERTAIN PROPERTY AND PROPERTY INTERESTS,
BY EMINENT DOMAIN FOR PUBLIC UTILITY PURPOSES
WHEREAS, the City of Petaluma is in the process of acquiring certain property
and property interests for the ownership, use and maintenance of the street light
facilities; and,
WHEREAS, Government Code Section 37350.5 authorizes the City of Petaluma
to acquire by eminent domain any property necessary to carry out any of its powers or
functions; and
WHEREAS, Public Utility Code Section 10001 defines a "public utility" as "the
supply of a municipal corporation alone or together with its inhabitants, or any portion
thereof, of ... light ...; and
WHEREAS, Public Utilities Code Section 10002 provides that the City of
Petaluma may acquire, construct, own, operate or lease any public utility; and
WHEREAS, the property described herein, namely "all street light facilities
owned by Pacific Gas & Electric Company within the city limits of the City of Petaluma,
California," are property interests which are necessary to be acquired by the City of
Petaluma for purposes of the ownership, use and operation of public street light
facilities; and
WHEREAS, notices of the hearing before this Council have been sent by first
class mail, to each person who's property or property interest is to be acquired by
eminent domain and whose names and addresses appear on the last equalized County
Assessment Roll, pursuant to the requirements of Code of Civil Procedure Section
1245.235;
,~~s. N~ .............8.9.- 2.67 ~.cs.
NOW THEREFORE BE IT RESOLVED AND DECLARED as follows:
1. The public interest and necessity require the proposed public project,
namely ownership, use and maintenance of the street light facilities.
2. 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.
3. The property and property interests described as "all street light facilities
owned by Pacific Gas & Electric Company within the city limits of the
City of Petaluma, California," are necessary for the proposed project.
4. The City Attorney for the City of Petaluma is hereby authorized to
commence eminent domain proceedings for the purpose of acquiring
those property and property interests as described in paragraph three (3)
above for public street light purposes on behalf of the City of Petaluma.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted ~ry~he as to
Council of the City of Petaluma at a (Regular) #~~~l~l)~meetin
on the ....2_l.sz............ day of ...................4),~lgl~&.~........................., 19.._$y, by the _
following vote:
't At orney
AYES: Woolsey, Cavanagh, Balshaw, Davis, Vice Mayor Sobel, Mayor Hilligoss
NOES: o
ABSENT: Tence
ATTEST:
City Clerk Mayor
E? E P ll T'Y C I~ ~L~'RIC cb~~u F,i~ ....................................
CA 10-85 ~ Res. No.....~:9~-2.6.7........ N.C.S.