HomeMy WebLinkAboutOrdinance #3772 ORDINANCE NO. 3772
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH, CALIFORNIA, DESCRIBING THE
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON
BEACH'S PROGRAM TO ACQUIRE PROPERTY WITHIN THE
SOUTHEAST COASTAL REDEVELOPMENT PROJECT AREA BY
EMINENT DOMAIN.
WHEREAS, the City Council of the City of Huntington Beach ("City Council")
activated the Redevelopment Agency of the City of Huntington Beach ("Agency") on
March 1, 1976; and
WHEREAS, pursuant to Ordinance Number 3561 adopted on June 17, 2002, the
City Council approved and adopted a redevelopment plan for the Southeast Coastal
Redevelopment Project Area (the redevelopment plan is hereinafter referred to as the
"Plan"); and
WHEREAS, in accordance with California Health and Safety Code Section
33342.7(a), a legislative body that adopted a final redevelopment plan before January 1,
2007, shall adopt an ordinance on or before July 1, 2007, that contains a description of
the agency's program to acquire real property by eminent domain; and
WHEREAS, the Plan contains a description of the Agency's program that is
applicable to the Southeast Coastal Redevelopment Project Area (the "Project Area");
NOW, THEREFORE, BE IT ORDAINED, by the City Council, as follows:
Section 1. The City Council hereby finds and determines that all of the
foregoing recitals are true and correct.
Section 2. In accordance with California Health and Safety Code Section
33342.7(a), the Agency's program for exercise of eminent domain powers within the
Project Area(the"Program") is as follows:
A. The following provisions described in Section V (500), paragraph (502),
and subparagraph 1 (503) entitled Property Acquisition and Acquisition of Real Property,
respectively:
The Agency may acquire real property by any means authorized by law,
including by gift, grant, exchange, purchase, cooperative negotiations,
lease or eminent domain. However, eminent domain may only be used by
the Agency to acquire any non-fee ownership interest such as oil and gas
leases.
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Except as otherwise provided by law, no eminent domain proceeding to
acquire property within the Project Area shall be commenced after twelve
(12) years following the date of adoption of the Ordinance. Such time
limitations may be extended only by amendment of this Plan.
B. Such limitations may be extended only by amendment of the Plan in the
manner required by law.
Section 3. The Program may only be changed by an amendment to the Plan,
pursuant to and in the manner required and to the extent permitted by law.
Section 4. If any section, subsection, subdivision, paragraph, sentence, clause
or phrase in this Ordinance or any part thereof is for any reason held to be
unconstitutional or invalid or ineffective by any court of competent jurisdiction, such
decision shall not affect the validity or effectiveness of the remaining portions of this
Ordinance or any part thereof. The City Council hereby declares that it would have
passed each section, subsection, subdivision, paragraph, sentence, clause or phrase
thereof irrespective of the fact that any one (1) or more subsections, subdivisions,
paragraphs, sentences, clauses or phrases be declared unconstitutional, or invalid, or
ineffective.
Section 5. The City Council hereby authorizes and directs the City Administrator
to undertake such actions and execute such documents as may be reasonably necessary or
convenient to the carrying out and administration of the actions authorized by this
Ordinance.
Section 6. This Ordinance shall become effective thirty (30) days after its second
reading.
PASSED, APPROVED,AND ADOPTED this 16th day of July , 2007.
THE CITY OF HUNTINGTON BEACH
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ATTEST: APPROVED AS TO FORM:
a_.
ty Clerk C' Attorne
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Ord. No. 3772
REVIEWED AND APPROVED: INITIATED AND APPROVED:
Director of Economic Deve ment City Ad inistrator
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Ord. No. 3772
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven; that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on the 2nd day of July,2007,and was again read to said City
Council at a re ular meeting thereof held on the 16th day of July,2007, and was passed
and adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: Carchio, Cook, Green, Hansen, Hardy
NOES: Coerper
ABSENT: None
ABSTAIN: Bohr
I,Joan L.Flynn,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on July 26,2007.
In accordance with the CityCharter of said City ty
Joan . Flynn, Cily Clerk - y Clerk and ex-officio jerk
J(& -Deputy City Clerk of the City Council of the City
of Huntington Beach, California