HomeMy WebLinkAboutReso 1975-7768RESOLUTION NO. 7768
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA DETERMINIL7G AND DECLARING THE PUBLIC NECESSITY
OF THE ACQUISITION OF CERTAIN PROPERTY LOCATED AT
THE SOUTHWEST CORNER OF THIRD AVENUE AND "H" STREET
IN THE CITY OF CHULA VISTA FOR THE JOINT USE OF THE
CITY OF CHULA VISTA AND THE COUNTY OF SAN DIEGO FOR
A COURTHOUSE AND RELATED FACILITIES, AUTHORIZING THE
COMMENCEMENT OF CONDEMNATION PROCEEDINGS TO ACQUIRE
SAID PROPERTY, AND DIRECTING THE CITY MANAGER TO
COMMENCE NEGOTIATIONS F+TITH THE COUNTY OF SAN DIEGO
FOR THE FORMULATION OF A JOINT POWERS AGREEt4ENT TO
DEVELOP A FINANCING PROGRAM FOR THE ACQUISITION OF
SAID PROPERTY AND THE CONSTRUCTION OF THE FACILITIES
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, the City Council of the City of Chula Vista and
representatives of the County of San Diego have heretofore held dis-
cussions regarding an appropriate location within the City of Chula
Vista for both an interim and permanent courthouse facility re-
quired for the newly created South Bay Judicial District, and
WHEREAS, after the examination of several alternate sites,
it has been generally agreed by the City Council of the City of Chula
Vista that the property located at the southwest corner of Third
Avenue and "H" Street in the City of Chula Vista is most desirable
from the interests of public necessity of the City of Chula Vista,
and
L^7HEREAS, the City Council has directed that proceedings
be undertaken to acquire said property, more particularly described
in Exhibit "A", attached hereto and incorporated herein by reference,
and to urge the County of San Diego to consider said property as the
location for the construction of the courthouse and related facili-
ties, and to enter into a joint powers agreement for the purpose of
financing the acquisition of the site and the construction of the
facilities.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Chula Vista as follows:
1. That the City Council of the City of Chula Vista finds
and determines and thereby declares that the public interest and
necessity require the construction of a courthouse and related facil-
ities for the joint use of the City of Chula Vista and the County of
San Diego and that the City of Chula Vista determines and declares
the public necessity for the acquisition of certain property located
at the southwest corner of Third Avenue and "H" Street in the City
of Chula Vista, more particularly described in Exhibit "A", attached
hereto and incorporated by reference, for the purpose of constructing
such facilities.
2. That said real property is necessary therefor, and
that such public improvement is planned and located in a manner which
will be most compatible with the greatest public good and least pri-
vate injury.
- 1 -
3. That the public interest and necessity require the
acquisition and taking of said real property for the purpose o£
constructing the courthouse and related facilities.
4. That the use of all and each and every part of said
real property described in Exhibit "A" for the purpose of locating
a courthouse and related facilities is a public use and a use autho-
rized by law.
5. That the acquisition and taking of said property is
necessary for such public use and it is necessary that all and each
and every part of said property be so acquired and taken.
6. That the real property referred to hereinabove in
this resolution is situated in the City o£ Chula Vista, County of
San Diego, State of California, and more particularly described in
Exhibit "A", which in incorporated by reference.
7. That the City Manager be, and he is hereby authorized,
empowered and directed to acquire said real property for the purpose
of offering said property as a site for the location of the court-
house and related facilities by donation or purchase, or by condem-
nation in accordance with the provisions of the Code of Civil Proce-
dure of the State of California relating to eminent domain.
8. That the City Attorney of the City of Chula Vista be,
and he is hereby authorized and empowered to prepare and prosecute
such suit or suits as are necessary to condemn, take and acquire said
real property described in Exhibit "A', and to make an application to
the court for an order fixing the amount or amounts of such security
in the way of money deposits as said court may direct to be made upon
the taking of possession of said real property, or any part thereof,
and to make application for an order permitting the said City of Chula
Vista to take immediate possession and use of said real property, or
any part or parts thereof, and to make deposit o£ such security in
such amounts fixed by the court and such manner as the court may
direct, and to incur on behalf of the City of Chula Vista all reason-
able and necessary expenses in the prosecution of a suit or suits to
condenm said real property.
9. That the City Manager be, and he is authorized, em-
powered and directed to enter into negotiations with the County of
San Diego for the use of said property for a courthouse and related
facilities and the development of a joint powers agreement as a
possible means of financing the acquisition of said real property
and the construction of the courthouse and related facilities.
Presented and/Approved as teo/FO/rm by
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George Lindberg, City Atto y
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ADOPTED AATD APPROVED BY THE CITY COUNCIL OF TxiE CITY OF
CHULA VISTA, CALIFORNIA this lOth_ Has, of June __
1975 by the following vote, to-wit:
AYES: Councilmen Scott, Hobel, Hyde, Egdahl ___.
NAYES: CouneiZmen None
P.BSEATT: CouneiZmen None
ABSTAIN: Mayor Hamilton due to a possible conflict of interest
ice Mayor of the City of Chula Vista
F
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ATTEST {~~ y,...2 a'. . /~~~ •--- CL ("?
Czty Clerk -~
STATE OF CALIFORNIA )
COUNTY OF SARI DIEGO ) ss.
CITY OF CHUhA VISTA )
Z, JENNIE M. FULASZ, CMC, CITY CLERIC of the City of Chula Vista,
California, DO HF,REBY CEY,TIFY that the above and foregoing is a full,
true and corr>eot cop;g of __ and
that the same has not been amended or repealed.
DATED
ty Cler
(SF,Ah }
/\ 7/~0
C-660
ADOPTED AATD APPROVED BY T?IE CITY COUNCIL OF TLiE' CITY OF
CHULA VISTA, CALIFORNIA. this 4th da~~ of
1975 by the following vote, to-wit:
AYES: Councilmen Hobel, Hyde, Egdahl
NAYES: Councilmen
ABSEiQT: Councilmen
June
None
Scott, Hamilton
Designated Vice Mayor of the Citz/ of Chula Vista
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ATTEST ~ ~ '
C2ty Clerk ~'
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STATE OF CALIFORNIA ) r' ~~ !~ 1'~'
COIINTY OF SAN DIEGO ) ss. '~~;~~ f ~ ~ '~ ~~
CITY OF CHULA VISTA ) ~ i~GY'` `~ , , ~` ~~
4.
I, JENNIF, M. FULASZ, CPdC, CITY CLERff of the City of Cltu.Z.a Vista,
California, DO HEREBY CF,RTIFY that the above and foregoing is a full,
true and correct copy of _ ____ and
that the same has not been amended or repealed.
DATED
City Cler
(SEAL,'
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CC-GGO
U[1ANIMOUS CONSENT FORi~1
IT .T.S H1iI2F.F3Y RF,QUrSTiiD by the undersigned that the follooring
item, with the unanimous consent of the City Council of the City of
Chula Vista, be considered and acted upon by the Council pursuant
to the provisions of Section 1.16 of the Chula Vista City Code.
Resolution - Determining and Declaring the Public Necessity of the
Acquisition of Certain Property Located at the Southwe:
Third Avenue and "H" Street.
_. ,-
Signature)
Unanimous Consent of the City Council, as indicated by the allowing
signatures: ~./
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. a.. 7.. _ ~ . ~ ~~,
Q 776 ~
CA-301