Resolution No. 6082
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RESOLUTION NO. 6082
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF VERNON OPPOSING STATE SENATOR MORGAN'S
BILL, S.B. 1757, WHICH WOULD CHANGE EXISTING
STATE LAW BY EXEMPTING ALL PUBLIC UTILITY
PROPERTY FROM EMINENT DOMAIN
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WHEREAS, the existing principles of eminent domain law in
7 the State of California are stated in Title 7 of Part 3 of the Code
8 of Civil Procedure; and
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WHEREAS, Article 7 of Chapter 3 of Title 7 sets forth the
10 principles relating to "Condemnation for More Necessary Public
11 Use"; and
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WHEREAS, the existing principles contained in Article 7
13 presume that property appropriated to public use is subject to a
14 more necessary public use when sought to be taken either by the
15 State of California or by a local public entity; and
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WHEREAS, this preference for public operation of property
17 appropriated to public use over private operation of such property
18 has remained essentially the same throughout the 20th century; and
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WHEREAS, State Senator Morgan's bill, S.B. 1757, proposes
20 to effect a change by reversing this preference, to the great
21 advantage of private concerns; and
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WHEREAS, the City Council of the City of Vernon believes
23 that no good reasons have been advanced for reversing the
24 presumption favoring operation of such utilities by public entities
25 over operation by private concerns when the public entities have
26 decided that the public would be served better by public operation.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
28 CITY OF VERNON AS FOLLOWS:
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2 finds and determines that the recitals contained hereinabove are
SECTION 1: The City Council of the City of Vernon hereby
3 true and correct.
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5 opposes passage of S. B. 1757 and directs the ci ty Clerk to
SECTION 2: The City Council of the City of Vernon hereby
6 communicate the substance of this Resolution to State Senator
7 Calderon, to the California Municipal utilities Association, and to
8 other interested parties.
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SECTION 3: The City Clerk of the City of Vernon shall
10 certify to the passage of this resolution, and thereupon and
11 thereafter the same shall be in full force and effect.
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ATTEST:
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17 B~UCE V.
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APPROVED AND ADOPTED this 7th day of April, 1992.
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/ ~NIS C. MALB .. G. Ma or
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MALKENHORST, city Clerk
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1 STATE OF CALIFORNIA )
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2 COUNTY OF LOS ANGELES )
3 I, BRUCE V. MALKENHORST, ci ty Clerk of the Ci ty of
4 Vernon, do hereby certify that the foregoing Resolution, being
5 Resolution No. 6082, was duly adopted by the City Council of the
6 City of Vernon at a regular meeting of the City Council duly held
7 on Tuesday, April 7, 1992, and thereafter was duly signed by the
8 Mayor of the City of Vernon.
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(SEAL)
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BRUCE V. MALKENHORST, City Clerk
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CITY COUNCIL
OFFICERS
BRUCE V. MALKENHORST,
City Administrator f City Clerk
DAVID B.BREARLEY,
City Attorney
VICTOR H. VAITS,
Director of Community Services
LEONISC. MALBURG, Mayor
THOMAS A. YBARRA, Mayor Pro-Tem .
Wm. "BILL" DAVIS
H. "LARRY" GONZALES
W. MICHAEL McCORMICK
TELEPHONES
CITY CLERK................ 583-8811
POLICE DEPT;......... ...,...587-5171
FIRE DEPT., H.... ............583-4821
BUILDING DEPT. .... .... .>... .583-8811
PUBLIC WORKS DEPT. .. .583-8811
HEALTH DEPT. ........ . . . 583~8811
KENNETH J.DEDARlO
Director of water & Power
LARRY SPADT,
Fire Chief
CITY HALL
LOUIS ROSENKRANTZ
Police Chief
In Reply Refer to:
4305.SANTA FE AVENUE, VERNON, CALIFORNIA90058
April 13, 1992
Honorable.Charles M. Calderon
California State Senate
11001 E. Valley Mall,> Suite 204
ElMonte, California 91731
Dear Senator Calderon:
Enclosed.hereW1.th for your information is a copy of Resolution No.
6082 which oppbses Senator Horgan's bill, S.B. 1757. This resolution
was unanim()usly approved by the City of Vernon City Council at their
regular meeting held April 7, 1992. Any efforts you could put forth
in support of our. concerns will be genuinely appreciated.
If youhavean}7>questions, please feel free to contact Mr. Jorge
Somoano, Resource Planning Manager.
Very truly yours,
F VERNON
.~L~.........J...~
Or1.a .J . 'd/{~
Chief De ... y City Clerk
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Enclosure
cc: Jorge Somo.ano
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CITY COUNCIL
OFFICERS
BRUCE V. MALKENHORST,
City Administrator/City Clerk
DA VIDB.BREARLEY,
City Attorney
VICtOR H. VAnS,
Director of Community Services
LEON IS C. MALBURG, Mayor
THOMAS A. YBARRA, Mayor Pro-Tern
Wm. "BILL" DAVIS
H. "LARRY" GONZALES
W. MICHAEL McCORMICK
TELEPHONES
CITY CLERK . . . . . . . . . . . . 583-8811
POLICE DEPT. ... 587-5171
FIRE DEPT, . . . . . . . . ;. . .583-4821
BUILDING DEPT. ... ....... ..583-8811
PUBLIC WORKS DEPT. . ... . ..583-8811
HEALTH DEPT. .. . . ; . ... . . 583-8811
KENNETH J. DEDARIO
Director of Water8t Power
LARRYSPADT,
Fire Chief
CITY HALL
LOUIS ROSENKRANTZ
Police Chief
In Reply Refer to:
4305 SANTA FE AVENUE, VERNON, CALIFQRNIA90058
April 13, 1992
California Municipal.U~ilities Association
1225 Eighth Street, Suite 440
Sacramento, California 95814
Gentlemen:
Enclosed herewith for your information is a copy.. of Resolution No .
6082 which opposes Senator Morgan' sbill, S.B. 1757. This resolution
was unanimously approved by the City of Vernon City Council at their
regular meeting held April 7, 1992.
Very truly yours,
/':i1/J-d~
sea
City Clerk
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Enclosure