HomeMy WebLinkAboutORD NO 3877ORDINANCE NO. 8 8 7 7
AN ORDINANCE AMENDING THE CITY OF
BAKERSFIELD'S DOWNTOWN REDEVELOPMENT PLAN
TO EXTEND THE TIME LIMITS TO INITIATE EMINENT
DOMAIN PROCEEDINGS.
WHEREAS, the Council of the City of Bakersfield adopted Ordinance No.
2033 on August 14, 1972, adopting and approving a Redevelopment Plan (the
"Redevelopment Plan") for The Downtown Redevelopment Project (the "Project"); and
WHEREAS, the initial "Project Area" of the Redevelopment Plan
encompassed the area from 16th Street on the south, E Street on the west, north to 17th
Street, east to Chester Avenue, then north to 18th Street, then east to M Street, south to
Truxtun Avenue, west to Chester Avenue and south to 16th Street; and
WHEREAS, this initial "Project Area" is labeled "Parcel 1" in the
Redevelopment Plan; and
WHEREAS, on November 25, 1974, the Council of the City of Bakersfield
adopted Ordinance No. 2216 amending the Redevelopment Plan and expanded the
"Project Area" to include the area from 23rd Street east to M Street, south to 22"d Street,
east to N Street, south to Truxtun Avenue, west to M Street, north to 18~h Street, west to
Chester Avenue, south to 17~h Street, west to H Street, north to 23r~ Street; and
WHEREAS, this additional "Project Area" is labeled "Parcel 2" in the
Redevelopment Plan; and
WHEREAS, on August 30, 1976, the Council of the City of Bakersfield
adopted Ordinance No. 2291, amending the Redevelopment Plan and expanded the
"Project Area" to include the area from 22nd Street from N Street east to 0 Street, south
to 18t" Street, east to Q Street, south to 17~" Street, west to P Street, south to Truxtun
Avenue, west to N Street and back north to 22~d Street; and
WHEREAS, this additional "Project Area" is labeled "Parcel 3" in the
Redevelopment Plan; and
WHEREAS, on December 12, 1979, the Council of the City of Bakersfield
adopted Ordinance No. 2539 and expanded the "Project Area" to include the area from N
Street at Truxtun Avenue south to 14t~ Street, east to P Street, north to 15t~ Street, east to
Q Street, north to Truxtun Avenue and west back to N Street and the area from the corner
of 20t~ Street and N Street, east to 0 Street, north to 22nd Street, west to M Street, north
to the South right-of-way of State Route 178, northeast to Q Street, south to 20th Street,
west to N Street; and
WHEREAS, this additional "Project Area, is labeled "Parcel 4" in the
Redevelopment Plan; and
WHEREAS, Section 33333.4 of the California Health and Safety Code limits
the time in which redevelopment agencies may exercise the power of eminent domain to
twelve (12) years; and
WHEREAS, in 1986, City Council adopted Ordinance 3082 (New Series)
which established a period of twelve (12) years in which the Central District Development
Agency could initiate eminent domain proceedings; and
WHEREAS, that twelve-year period will expire in December, 1998; and
WHEREAS, City Council desires that the Central District Development
Agency retain the ability to acquire property within the four-parcel "Project Area: by eminent
domain for another twelve (12) years.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
Bakersfield as follows-
SECTION 1.
No eminent domain proceeding to acquire property within the four-parcel
Downtown Project Area shall be commenced after twelve (12) years following the effective
date of this Ordinance. Such time limitation may be extended only by amendment of the
Downtown Redevelopment Plan in the manner required by law.
SECTION 2.
The City Clerk is hereby directed to send a certified copy of this Ordinance
to the Agency.
SECTION 3.
Effective Date. This Ordinance shall be in full force and effect thirty (30) days
after its passage.
SECTION 4.
Publication. The City Clerk is hereby ordered and directed to certify to the
passage of this Ordinance and to cause the same to be published once in The Bakersfield
Californian, a newspaper of general circulation, published and circulated in the City of
Bakersfield, California.
SECTION 5.
Severability. 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 it would have passed the remainder of this
Ordinance if such invalid portion had been deleted.
.......... 000 ..........
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 onl~0V 3. $ 1~, by the
following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, DEMOND, SMITH, MCDERMO~-,ROWLES, SULLIVAN, SALVAGGIO
COUNCILMEMBER /~On~
COUNCILMEMBER ~gn~
COUNCILMEMBER /V~
CITY CLERK and EX OF I~? of
Council of the City of Bakersfield
the
APPROVED:
' XBOB PRICE, MAYOR
CITY OF BAKERSFIELD
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
JANICE SCAN[AN
Deputy City Attorney
P:~AGREEMEN\eminant domain.res~
3
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
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 23rd day of November ,1998 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 3877 , passed by the
Bakersfield City Council at a meeting held on the 18~h day of November 1998 , and
entitled:
AN ORDINANCE AMENDING THE CITY OF BAKERSFIELD'S
DOWNTOWN REDEVELOPMENT PLAN TO EXTEND THE TIME LIMITS
TO INITIATE EMINENT DOMAIN PROCEEDINGS.
/s/PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
DEPUTY City Clerk
S:\DOCUMENT~AOPOSTING
November 23, 1998