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8F Consent 2006 1204
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8F Consent 2006 1204
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Last modified
5/10/2007 11:35:22 AM
Creation date
12/1/2006 11:01:48 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
12/4/2006
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_CC Agenda 2006 1204
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2006\Packet 2006 1204
Reso 2006-132
(Reference)
Path:
\City Clerk\City Council\Resolutions\2006
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<br />Dirt Farm Property Acquisition <br /> <br />3 <br /> <br />December 4, 2006 <br /> <br />enter an order granting possession, which would be effective 30-90 days thereafter. Generally, if <br />the property is "lawfully occupied by a person dwelling thereon or by a farm or business <br />operation", the order can be effective on the 90th day following service of the order. In "all <br />other cases", the order can be effective on the 30th day following service. (CCP ~1255.450(b).) <br />An order can be effective in less than 30 days, but "not less than three days", if the court finds <br />that the condemning agency has "an urgent need for possession of property and that possession <br />will not displace or umeasonably affect any person in actual and lawful possession of the <br />property...." (CCP g1255.410(c).) <br /> <br />If the case does not settle beforehand, it will proceed toward trial on the amount of just <br />compensation owed to the property owner. <br /> <br />FINDINGS: <br /> <br />City Council adoption of the Resolution of Necessity is required for the initiation of the proposed <br />eminent domain action. The Resolution, with the following findings, must be adopted by a <br />minimum two-thirds vote of the seven member City Council (five affirmative votes required) in <br />accordance with California Code of Civil Procedure Sections 1245.230 and 1245.240. Evidence <br />supporting the adoption of the Resolutions is set forth in this report, including the matters noted <br />below: <br /> <br />a. The public interest and necessity require the proposed project; <br /> <br />The Water Pollution Control Plant is necessary for the treatment of sewage, to meet the demands <br />of regulatory agencies concerning said treatment, and to provide for the health of the public. <br /> <br />b. The proposed project is planned or located in the manner that will be most <br />compatible with the greatest public good and the least private injury; <br /> <br />The Water Pollution Control Plant expansion is necessary to provide additional space for new <br />equipment so the plant can continue to meet both current demand and future regulatory <br />requirements. The site is fully built out and too small to allow for the required equipment. <br /> <br />c. The property described in the respective Resolution of Necessity is necessary for <br />the proposed project; and <br /> <br />The Property is located adjacent to the plant, and is ideally situated to allow for the construction <br />of new facilities. <br /> <br />d. The offer required by Government Code Section 7267.2 has been made to the <br />owner(s) ofrecord. <br /> <br />On September 6, 2006, a Government Code S 7267.2 offer letter was made to the property owner <br />for the appraised value of the property interests. <br />
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