HomeMy WebLinkAbout1096 eminent domainORDINANCE NO. 1096
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF UKIAH CONTAINING A DESCRIPTION OF
THE UKIAH REDEVELOPMENT AGENCY'S
PROGRAM TO ACQUIRE REAL PROPERTY BY
EMINENT DOMAIN IN THE UKIAH
REDEVELOPMENT PROJECT AREA
WHEREAS:
1. The City Council adopted Ordinance No. 895 on November 15, 1989,
approving and adopting the Redevelopment Plan (the "Redevelopment Plan") for
the Ukiah Redevelopment Project (the "Project"); and
2. The Ukiah Redevelopment Agency (the "Agency"), has been
designated as the official redevelopment agency in the City of Ukiah to carry out
the functions and requirements of the Community Redevelopment Law of the
State of California (Health and Safety Code Section 33000 et seq.) and to
implement the Redevelopment Plan; and
3. The Redevelopment Plan contains Agency authority to acquire
property by eminent domain, but that authority has not been exercised by the
Agency since the Plan was adopted; and
4. Section 33342.7 of the Health and Safety Code, which took effect on
January 1, 2007, requires a legislative body that adopted a redevelopment plan
containing eminent domain authority before January 1, 2007, to adopt an
ordinance on or before July 1, 2007, containing a description of the agency's
program to acquire real property by eminent domain.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF UKIAH,
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Pursuant to Section 33342.7 of the Health and Safety Code, a
description of the Agency's program to acquire real property by eminent domain
is described as follows:
The Agency lacks the power to acquire property by eminent domain,
because it did not exercise that power within 12 years after the Plan
was adopted. Under Health & Safety Code §33333.2(a)(4), the
power cannot be exercised after the 12 year time limit, unless the
Agency amends the plan and finds, based on substantial evidence,
that significant blight remains in the project area and that blight
cannot be eliminated without the use of eminent domain. If the
Agency determines that it is necessary to exercise the power of
eminent domain to remedy blighted conditions in the
redevelopment project area, it will amend the plan in accordance
with the Community Redevelopment Law. It will not use the power
of eminent domain to acquire residential property.
The Agency's program to acquire real property by eminent domain may be
amended only by amending the Redevelopment Plan pursuant to Article 12 of
the Community Redevelopment Law (commencing with Health and Safety Code
Section 33450).
Section 2. The City Clerk is hereby directed to send a certified copy of
this Ordinance to the Agency.
Section 3. If any part of this Ordinance is held to be invalid for any reason, such
decision shall not affect the validity of the remaining portion of this Ordinance,
and this City Council hereby declares that it would have passed the remainder of
this Ordinance if such invalid portion thereof had been deleted.
Section 4. The City Clerk will certify to the passage of this Ordinance by
the City Council, and cause the same to be published once in a newspaper of
general circulation in Ukiah, and it will take effect thirty (30) days after its final
passage.
Introduced by title only on June 20, 2007, by the following roll call vote
AYES: Councilmember Thomas, Crane, McCowen, Baldwin, and Mayor Rodin
NOES: None
ABSENT: None
ABSTAIN: None
Adopted on June 27, 2007, by the following roll call vote:
AYES: Councilmember Thomas, McCowen, and Mayor Rodin
NOES: None
ABSENT: Councilmember Baldwin, and Crane
ABSTAIN: e
Mari Rodin, Mayor
,ATTEST-~
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Li da . Browo,rDeputy City Clerk
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