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Resolution No 96-46 <br />Page Two <br /> <br /> b. The project for which the public utility facilities (generally described <br /> herein and in the Attachment "A") are to be acquired has been planned and <br /> located in a manner that will be most compatible with the greatest public <br /> good and the least private injury. <br /> <br /> c. The public utility facilities (generally described herein and in <br /> Attachment "A") are necessary for the proposed project. <br /> <br /> d. The public utility facilities (generally described herein and in <br /> Attachment "A") are to be acquired pursuant to California Code of Civil <br /> Procedure Section 1240.610 and, as provided in California Code of Civil <br /> Procedure Section 1240.650, said facilities are a more necessary public use <br /> than the present use to which said facilities are appropriated. <br /> <br /> e. The offer required by Section 7267.2 of the Government Code (to the <br /> cxtent appropriate) has been made to the owner of record of the public <br /> utility facilities generally described herein and in Attachment "A" . <br /> <br /> f. The proposed project is categorically exempt from the California <br /> Environmental Quality Act, as mended (CEQA Guidelines, Section <br /> 1530(h), Class 1). <br /> <br />Section 2: The City Attorney or outside counsel selected by the City Attorney is <br /> directed to commence proceedings in eminent domain against the owner of <br /> the public utility facilities, including but not limited to PG&E pole space on <br /> which street lighting luminaires are currently located, and any and all <br /> interest therein or claims thereto, for the condemnation thereof for the <br /> public use of the City of Pleasanton. The City Attorney is further <br /> authorized to seek a consolidation of such action with any similar eminent <br /> domain a~tion of streetlights by any other public agency in Alameda <br /> County. <br /> <br />Section 3: Funds in the amount of $489,599 are authorized from the advance of the <br /> Equipment Replacement Fund as the City's deposit in order to obtain <br /> immediate possession of the facilities. <br /> <br /> <br />