2007 ORD O-06-07 - Laserfiche WebLink

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 21 28 Redevelopment Plan regarding exercise of the power of eminent domain, shall be that, if the Agency is or becomes authorized to acquire real property by exercise of the power of eminent domain pursuant to the Redevelopment Plan, the Agency shall adhere to the following laws and regulations in assessing just compensation and damages to affected property owners: The Fifth Amendment to the United States Constitution, Article I, section 19 of the California Constitution, the Eminent Domain Law (California Code of Civil Procedure Section 1230.010, et seq.), the California Relocation Assistance Act (California Government Code Section 7260, et seq.), implementing rules and regulations (Title 25 California Code of Regulations) and such other applicable local, state or federal ordinances, statutes, rules, regulations and decisional law. The Agency shall assess the payment of fair market value for interests in real property, payment for the taking and damaging of improvements, fixtures and equipment, any diminution in value caused to a remainder of property acquired pursuant to a resolution of necessity, relocation benefits and assistance, loss of business goodwill in appropriate cases and the necessary costs of mitigating a loss of business goodwill. Section 5. In addition to the limitations on acquisition of property by the Agency under the California Community Redevelopment Law and the time limit for exercise of the power of eminent domain under the Redevelopment Plan, as set forth in the Recitals preceding this Ordinance, the provisions of the Redevelopment Plan shall apply to the exercise of the power of eminent domain by the Agency under the Redevelopment Plan. Section 6. The Mayor is hereby authorized and directed to sign this Ordinance. Section 7. The City Clerk is hereby authorized and directed to send a certified copy of this Ordinance to the Agency, whereupon the Agency shall be vested with the continuing responsibility for carrying out the Redevelopment Plan. Section 8. The City Clerk is hereby further authorized and directed to sign and file the Statement of Proceedings attached to this Ordinance as Exhibit "A" with the office of the Recorder of the County of San Bernardino, California, for recordation in the official records of the County of San Bernardino, California, in accordance with Government Code Section 27295 and Health and Safety Code Section 33373. Section 9. The City Clerk is hereby further authorized and directed to sign and file a Notice of Exemption with the appropriate official of the County of San Bernardino, California, regarding adoption of this Ordinance, within five (5) days following the date of adoption of this Ordinance. Section 10. This Ordinance shall be in full force and effect thirty (30) days after the date of its final passage and shall be affixed to both the Downtown Redevelopment Area Project No. 1 Redevelopment Plan, as amended, and the Downtown Redevelopment Area Project No. 2 Redevelopment Plan, as amended. Section 11. If any part of this Ordinance or the Redevelopment Plan is held to be invalid for any reason, such decision shall not affect the validity of any remaining portion of this Ordinance or the Redevelopment Plan and the City Council hereby declares that it would