HomeMy WebLinkAboutReso. 1986 - 224 - Finding that public convenience and necessity requires the acquisition of certain electric lines RETURN TO 268 i W;; nnEST OF...
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CITY® OF REDDING OFFICIAL RECORDS SHASTA COUNTY.CAUL
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(41196C301 SSP 11 1985
RESOLUTION NO. Z-(9,25/ Ititut,
RECORD pR FEE$ ,o e
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
FINDING THAT PUBLIC CONVENIENCE AND NECESSITY REpUIRES THE
ACQUISITION OF CERTAIN ELECTRIC LINES FOR PUBLIC PURPOSES
(PACIFIC GAS AND ELECTRIC FACILITIES INCLUDED WITHIN CASCADE
ANNEXATION #2, CONSISTING OF CITY OF REDDING ANNEXATIONS
80-5 AND 82-2) .
BE IT RESOLVED by the City Council of the City of Redding as
follows:
Section 1 . The City Council of the City of Redding finds
and determines that public convenience and necessity requires the
acquisition by the City of Redding of electric lines presently
owned by Pacific Gas & Electric Company; and that Government Code
Section 37350 . 5 authorizes the City to acquire the lines by
eminent domain.
Section 2 . It has been determined that this matter is
categorically exempt from the provisions of CEQA.
Section 3 . The City Council also finds and determines that
the acquisition of the electric lines described in Exhibit "A"
and depicted in Exhibit "B" attached hereto, situate in the City
of Redding, County of Shasta, State of California, is necessary
for the proper and efficient operation of the electric utility
system of the City of Redding.
Section 4 . The City Attorney of the City of Redding is
hereby authorized, empowered and directed to perform as follows:
a. Commence an action or actions in eminent domain in the >
Superior Court of the State of California, County of
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Shasta, in the name of the City of Redding to acquire
the necessary electric facilities.
b. To incur in the name of the City of Redding, and on
behalf thereof, all obligations and expenses necessary
to acquire the above-mentioned electric facilities.
Section 5. The City Clerk of the City of Redding is hereby
directed to cause a certified copy of this Resolution to be
recorded in the office of the Shasta County Recorder.
I HEREBY CERTIFY that the foregoing Resolution was
introduced and read at a regular meeting of the City Council of
the City of Redding on the 2nd day of September , 1986 , and
was duly adopted at said meeting by a four-fifths vote as
follows:
AYES: COUNCIL MEMBERS: Carter, Dahl , Gard, Johannessen, & Fulton
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
/414/71 142,_
LEE D. FULTON, M.D. , Mayor
City of Redding
ATTEST:
&delta 74.4464
ETHEL; A. ,NICHOLS, City Clerk
FO M ,PPROVED:
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DALL A. HAYS, ity Attorney
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EXHIBIT "A”
The properties that the City of Redding seeks to acquire are:
(1) All electric lines within the boundaries of the Cascade
Annexation #2 (consisting of City of Redding Annexationls 80-5 and
82-2) as hereafter defined.
As used herein, "electric lines" means an assembled
structure which includes electric conductors, and any and all
insulators, insulating devices, insulating materials; switches
and switching stations, switching devises, switch operating
mechanisms, relays, capacitors, fuses, cutouts, disconnects,
disconnecting devises, transformers, transformer 1 stations,
transforming devises, grounds, grounding devises, protectors,
protective devises, protective materials, regulators, regulating
devises, controllers , controlling devises, contactors , 'contacting
devises, meters, terminals, terminating devises, potheads,
splices , splicing devises, splicing materials , connectors,
connecting devises, and lighting and other utilization equipment,
any of which are physically or electrically connected to such
conductors; and any and all towers , poles, pole structures ,
crossarms, guying devises, bracing devises, brackets, street
lighting fixtures, and conduits (underground, pole riser and
other) , vaults, manholes, handholes , junction boxes, service
boxes, meter boxes, switch boxes, any of which are physically
connected to or which incase said conductors or any of the other
articles, devises, structures and equipment listed hereinbefore
in this definition.
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(2) Each and all rights existing by virtue of any or all of the
franchises granted by the County of Shasta, and eacah and all
rights which may have accrued by virtue of the provisions of
Section 19 of Article XI of the Constitution of theC State of
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411
California as said section existed prior to the amendment adopted
on October 10 , 1911 , to maintain, operate, construct and
reconstruct electric lines to serve electricity within the
Cascade Annexation #2 as hereafter defined.
(3) Each and every right-of-way and easement to maintain,
operate, construct and reconstruct electric lines for service of
electricity within the Cascade Annexation #2 as hereafter
defined, whether existing by virtue of grant, prescription, or
otherwise.
(4) The properties referred to in this paragraph as being the
properties that the City seeks to acquire are all of the
properties used by the Company in carrying on its business of
service electricity within the Cascade Annexation #2.
As used herein, Cascade Annexation #2 means :
The area encompassed within the boundary as shown on the
Boundary Map of City of Redding Annexation No. 80-I5 and the
extreme eastern end of the area shown on the Boundary Map of City
of Redding Annexation No. 82-2 (cross-hatched area) , all as shown
as Exhibit "B" attached hereto.
Excepting, however, from the foregoing, and not to be
acquired by the City, all interests in joint poles and in the
rights-of-way and easements for such poles, utilized for
telephone conductors , and the conductors and associated equipment
so utilized.
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