HomeMy WebLinkAboutORD NO 4441
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ORDINANCE NO.
4441
.A
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAKERSFIELD APPROVING AND ADOPTING THE PROGRAM FOR
THE ACQUISITION OF REAL PROPERTY BY EMINENT DOMAIN FOR
THE DOWNTOWN REDEVELOPMENT PROJECT AREA
WHEREAS, the Bakersfield City Council, hereinafter referred to as "Council,"
adopted the Redevelopment Plan for the Downtown Redevelopment Project Area (the
"Plan") on August 14, 1972, amended November 25, 1974, August 30, 1976, and
December 12, 1979, and authorized the Bakersfield Redevelopment Agency,
hereinafter referred to as the "Agency", to implement said Plan; and
WHEREAS, Health & Safety Code Section 33342.7 requires the Council to adopt
an ordinance that contains a description of the Agency's program to acquire real
property by eminent domain; and
< WHEREAS, the Council has already found and determined that it is in the public
Interest and is necessary, in order to eliminate the conditions requiring redevelopment
and in order to execute the Plan, for the power of eminent domain to be employed by
the Agency to acquire real property in the Project Area; and
WHEREAS, pursuant to the Plan, the Agency is authorized to acquire real
property by any lawful means, including the use of eminent domain; and
WHEREAS, Health & Safety Code Section 33373 requires that a revised
statement to be recorded which notes that the property located in a redevelopment
project area is subject to that redevelopment plan, and which generally describes the
powers and limits on eminent domain provided for in the redevelopment plan.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
BAKERSFIELD AS FOLLOWS:
Section 1: The program that the Agency may pursue to acquire real property
by eminent domain or otherwise is as follows:
a. The Agency may acquire, but is not required to acquire, any real property
located in the Project Area, by gift, devise, exchange, purchase, eminent
domain, or any other lawful means.
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b. The Agency shall not exercise the power of eminent domain to acquire
any parcel of real property for which proceedings in eminent domain have
not commenced within twelve (12) years after the effective date of the
ordinance approving and adopting the Plan, unless the Plan is further
amended to extend such period, in accordance with applicable law.
c. The Agency may, but is not required to acquire interests in oil, gas or
other mineral substances within the Project Area by eminent domain or
any lawful means.
d. The Agency is not authorized to acquire real property owned by public
bodies which do not consent to such acquisition,. although the procedure
of eminent domain may be used, with such consent, in order to determine
appropriate value or to resolve other issues.
e. The Agency is authorized to acquire structures without acquiring the land
upon which those structures are located, by eminent domain or otherwise.
The Agency is also authorized to acquire any other interest in real
property less than a fee by eminent domain.
f. The Agency shall not use eminent domain to acquire real property on
which an existing building is to be continued on its present site and in its
present form and use without the consent of the owner, unless (1) such
building requires structural alteration, improvement, mOdemization, or
rehabilitation, or (2) the site or lot on which the building is situated requires
modification in size, shape, or use, or (3) it is necessary to impose upon
such property any of the standards, restrictions and controls of the Plan
and the owner fails or refuses to participate in the Plan by executing a
participation agreement.
g. The Agency shall not acquire any property or interest in property from any
of its members or officers except though eminent domain proceedings.
h. However, where necessary for the execution of the Plan, as determined
by the Agency, the Agency is authorized to acquire personal property in
the Project Area by any lawful means, including eminent domain.
i. The Agency may only use eminent domain to acquire property in
accordance with the Califomia Eminent Domain Law (Califomia Code of
Civil Procedure Sections 1230.010, et seq.) as that law is amended from
. time to time.
Section 2: The City Clerk is hereby directed to send a certified copy of this
ordinance to the Agency, and the Agency is hereby vested with the responsibility for
carrying out any acquisition of property by eminent domain in compliance with this
Ordinance and program.
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Section 3. The City Clerk is hereby directed to record with the County
Recorder of Kem County a description of the land within the Project Area, a statement
that the proceedings for the redevelopment of the Downtown Redevelopment Project
Area have been instituted under the Califomia Redevelopment Law, and a general
description of the powers and limits of eminent domain authority contained in the
redevelopment plan, in compliance with Health & Safety Code ~ 33373. The Agency is
hereby directed to effectuate recordation in compliance with the provisions of Section
27295 of the Government Code to the extent applicable.
Section 4. The City Clerk is hereby directed to certify to the passage of this
ordinance and shall post the same, or cause the same to be posted, within fifteen (15)
days after its passage in accordance with Section 36933 of the Govemment Code, in
three (3) of the most public places in the City of Bakersfield; that this ordinance shall be
in full force and effect thirty (30) days from and after its passage of the same.
I HEREBY CERTIFY that the foregoing Ordinance was passed and
adopted by the Council of the City of Bakersfield at a regular meeting thereof held on
.IIJN 20 2007 by the following vote:
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NOES:
ABSTAIN:
ABSENT:
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COUNCILMEMBER BENHAM, CARSON, COUCH, HANSON, SULLIVAN, SCRIVNER, WEIR
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
APPROVED JUN 2 0 2001
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PAMELA A. McCARTHY, CMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern )
PAMELA A. McCARTHY, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 21st day of June. 2007 she posted on the Bulletin Board at City Hall, a
full, true and correct copy of the following: Ordinance No. 4441 passed by the
Bakersfield City Council at a meeting held on the 20th day of June, 2007 and entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF BAKERSFIELD APPROVING AND ADOPTING
THE PROGRAM FOR THE ACQUISITION OF REAL
PROPERTY BY EMINENT DOMAIN FOR THE DOWNTOWN
REDEVELOPMENT PROJECT AREA.
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By:J!LLQA./ -3-~
DE~lerk
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