Loading...
HomeMy WebLinkAboutORD NO 4442 .. -!. ORDINANCE NO. 4442 .. X-Ref. fl13 cJ 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 OLD TOWN KERN-PIONEER REDEVELOPMENT PROJECT AREA WHEREAS, the Bakersfield City Council, hereinafter referred to as "Council," adopted the Redevelopment Plan for the Old Town Kern-Pioneer Redevelopment Project Area (the "Plan") on June 30, 1999, 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. !( fQ~K~"9 <::) ~ :loo. - .... m _ r- " (:;) ORIGINAL 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, modernization, 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 (California 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. ~ CCj\K~~ o ~ )0. "' 5 l; ORIGINAL Section 3. The City Clerk is hereby directed to record with the County Recorder of Kern County a description of the land within the Project Area, a statement that the proceedings for the redevelopment of the Old Town Kern-Pioneer Redevelopment Project Area have been instituted under the California 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 Government 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 ~UN 2 11 ZOOT by the following vote: GVES:1 ~ ABSTAIN: ABSENT: .,...-- ~ ~ ~ V 1-- v- COUNCILMEMBER BENHAM, CARSON, COUCH, HANSON, SULLIVAN, SCRIVNER. WEIR COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER APPROVED JUN 2 0 2007 Lk-k Ll.lYk.r r\~ PAMELA A. McCARTHY, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield HARVE L. HALL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney By: ~ffAIa- ~ fQ~K~~ <::), ~ ;.... - I- m - r- " (:;) ORIGINAL 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. 4442 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 OLD TOWN KERN-PIONEER REDEVELOPMENT PROJECT AREA. PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield BY:~ t....:J{ DEP Y C Y Clerk S:\DOCUMENT\FORMSIAOP.ORD.wpd 5<. fQ~K~~ o ~ .:>.. - I- m - r- ~ t:I ORIGINAl..