2007 ORD O-09-07 - 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 2E 2E 21 2F preceding this Ordinance, the following policies set forth in Article IV.B.1 of the Redevelopment Plan shall apply to the exercise of the power of eminent domain by the Agency under the Redevelopment Plan: In an effort to implement this Plan, it may be necessary for the Agency to acquire property in the Project. Except as specifically exempted herein, the Agency may acquire, but is not required to acquire, real property located in the Project in accordance with this Plan by gift, devise, exchange, purchase, eminent domain, or any other lawful method. The Agency shall attempt to use all other avenues of acquisition to implement this Plan prior to the use of eminent domain. The Agency is not authorized by law to acquire real property owned by public bodies which do not consent to such acquisition. The Agency is authorized, however, to acquire public property if it becomes private property by being transferred by deed, lease, or otherwise, to private ownership or control before the Agency completes land disposition within the entire Project, if the Agency and the private owner enter into a participation agreement. The Agency shall not acquire real property to be retained by an owner pursuant to a participation agreement if the owner fully performs under the agreement. The Agency is authorized to acquire any other interest in real property less than a fee. Section 6. Further, the Agency shall comply with the replacement housing and relocation requirements of Article IVY. of the Redevelopment Plan, whenever applicable to the Agency's exercise of the power of eminent domain pursuant to the Redevelopment Plan. Section 7. The Mayor is hereby authorized and directed to sign this Ordinance. Section 8. 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 9. 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 10. 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 11. This Ordinance shall be in full force and effect thirty (30) days after the date of its final passage and shall be affixed to the Redevelopment Plan. -3-