HomeMy WebLinkAboutReso 122-84 DSRSD EminDomain RESOLUTION NO. 122- 84
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY
REQUIRE THE ACQUISITION OF CERTAIN PROPERTY AND
DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS
BE IT RESOLVED, by the City Council of the City of
Dublin, California, that:
WHEREAS, it is necessary and desirable for the City of
Dublin to acquire that certain personal property, described as
"the County of Alameda's September 11, 1980 contract rights to
100,000 gallons per day sewage disposal and treatment capacity in
facilities of the Livermore-Amador Valley Water Management Agency
and Dublin San Ramon Services District for industrial, including
non-retail commercial uses in that portion of the County of
Alameda which on said date was within the boundaries of the Dublin
San Ramon Services District.
WHEREAS, the City of Dublin is vested with the power of
eminent domain to acquire public property for a more necessary
public use by virtue of Article 1, Section 19 of the Constitution
of the State of California, Code of Civil Procedure Sections
1240.030z 1240,120, 1240.125, 1240.150, 1240.320, 1240.350,
1240.410f 1240.610, and 1240.650; and
WHEREAS, notice has been duly given pursuant to the
provisions of Section 1245.235 of the Code of Civil Procedure of
the State of California, and all persons whose property is to be
acquired by eminent domain and whose name and address appear on
the last equalized County Assessment Roll have been given a
reasonable opportunity to appear and be heard before the City
Council of the City of Dublin on the following matters, to wit:
Whether the public.interest and necessity
require the project;
(b)
Whether the property 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.
WHEREAS, the City of Dublin has, in accordance with
Government Code Section 7267.2, offered, to the owner of record,
to acquire said property for just compensation;
NOW, THEREFORE, IT IS FOUND, DETERMINED AND ORDERED, as
follows:
1. The public interest and necessity require the taking
of the title in and to the property described.
2. The acquisition of said sewage disposal and
treatment capacity is planned and located in the manner which will
be the most compatible with the greatest public good and the least
private injury;
3. The property sought to be acquired is more necessary
for use by the City of Dublin than for use by the County of
Alameda;
4. The offer required by Government Code Section 7267.2
has been made to the owner(s) of record of said property; and
5. The law firm of MICHAEL R. NAVE is hereby directed
to institute and conduct to a conclusion and action in eminent
domain for the acquisition of the estates and interests aforesaid
and to take such action as is necessary therein.
PASSED AND ADOPTED by the City Council of the City of
Dublin, State of California, this 13th day of November, 1984, by
the following vote:
AYES:
Mayor Snyder
NOES: None
Councilmembers Hegarty, Jeffery, Moffatt, Vonheeder
ABSENT: None
City Cl~%r k