HomeMy Public PortalAboutOrd. 1595ORDINANCE NO. 1595
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LYNWOOD, CALIFORNIA DESCRIBING THE
LYNWOOD REDEVELOPMENT AGENCY'S PROGRAM
TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN
PURSUANT TO THE PROVISIONS OF THE CALIFORNIA
COMMUNITY REDEVELOPMENT LAW, HEALTH AND
SAFETY CODE SECTION 33342.7 IN THE ALAMEDA
PROJECT AREA
WHEREAS, the Redevelopment Agency of the City of LYNWOOD (the
"Agency ") was established pursuant to the California Community Redevelopment Law
(the "Redevelopment Law "), which is codified in Part 1 of Division 24 of the California
Health and Safety Code. The City of LYNWOOD (the "City ") adopted and approved the
Redevelopment Plan (the "Plan ") for the Alameda Project Area, and the redevelopment
project area as established thereby (the "Project Area "), by Ordinance No. 993 of the
City effective November 18, 1975; and
WHEREAS, the City Council over the years adopted various
amendments to the Redevelopment Plan including the adoption of Ordinance No. 1405
on December 29, 1994 and Ordinance No. 1408 on December 29, 1994; and
WHEREAS, on December 3, 2003 the City Council further adopted
Ordinance No. 1541 to delete any and all time limits stated in the Plan that purport to
place on the Lynwood Redevelopment Agency any time deadline on the establishment
of loans, advances, and indebtedness with respect to the Plan or Project Area; and
WHEREAS, in the form as adopted by Ordinance No. 993, the Plan
contained provisions that the Agency "...may, but is not required to acquire or obtain
options to acquire real property located in the Project Area, by gift, devise, exchange,
purchase, eminent domain or any other lawful method whatsoever." and
WHEREAS, pursuant to Section 33342.7 of the California Health and
Safety Code, which was added by Senate Bill 53 and became effective as of January 1,
2007, each redevelopment agency that adopted a final redevelopment plan before
January 1, 2007, must adopt an ordinance that contains a description of the agency's
program to acquire real property by eminent domain; and
WHEREAS, Section 33342.7 of the Health and Safety Code does not
exclude redevelopment plans which do not authorize an agency to exercise the power
of eminent domain or redevelopment plans pursuant to which an agency's authority to
exercise the power of eminent domain has expired from the requirement of adopting the
ordinance describing the program to acquire real property; and
WHEREAS, the governing board of the LYNWOOD Redevelopment
Agency has reviewed this Ordinance and has requested that the City Council adopt this
Ordinance; and
WHEREAS, in order to maintain literal compliance with the Community
Redevelopment Law (Health and Safety Code Section 33000, et seq.), and in view of
the request of the Agency, the City has decided to adopt this ordinance describing the
Agency's program to acquire real property by eminent domain pursuant to Health and
Safety Code Section 33342.7.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
LYNWOOD DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The Redevelopment Agency's program for the acquisition
of real property by eminent domain is hereby described as follows:
a. if and to the extent authorized by the Plan, the Agency shall exercise
the power of eminent domain if and when the Agency determines that the exercise of
such power is an appropriate and useful tool, and
b. if and to the extent authorized by the Plan, the Agency shall exercise
the power of eminent domain in compliance with the terms and limitations, if any, set
forth in the Plan.
SECTION 2. Except as expressly otherwise set forth in Sections 1 of this
Ordinance, no amendment to the Plan and no change to or limit upon the authority of
the Agency is effected by this Ordinance, including without limitations provisions for the
Agency to acquire property by means other than the exercise of the power of eminent
domain by the Agency. This Ordinance shall not limit the authority of the City in any
respect.
SECTION 3. All required proceedings and considerations precedent to
the adoption of this Ordinance have been regularly taken in accordance with applicable
law. If any section, subsection, sentence, clause or phrase of this Ordinance is for any
reason held to be invalid or unconstitutional, such decision shall not affect the validity or
constitutionality of the remaining portions of this Ordinance. The City Council hereby
declares that it would have passed this Ordinance and each section, subsection, clause
or phrase hereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses and phrases be declared unconstitutional.
SECTION 4. The City Clerk shall cause this ordinance or a summary
hereof to be published in a newspaper of general circulation, published in the City of
LYNWOOD and circulated in the City, and if applicable, to be posted, in accordance
with Section 36933 of the California Government Code; shall certify to the adoption of
this ordinance and shall cause a certified copy of this ordinance, together with proof of
publication, to be filed in the Office of the Clerk of this City.
SECTION 5. This ordinance shall go into effect and be in full force and
effect at 12:01 a.m. on the thirty -first (31st) day after its passage.
First read at a regular meeting of the City Council held on the 15th day of May, 2007
and adopted and ordered published at a regular meeting of said Council held on the 5th
day of June, 2007.
Attest:
ANDREA L. HOOPER
City Clerk
Approved as to Form:
J. Arnoldo Beltran, City Attorney
L uis Byrd, Ma or o the City of
LYNWOOD, California
Approved as C , n nt: ��_
Bruce Arno dussen, Int. City Manager
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the
foregoing Ordinance was passed and adopted by the City Council of the City of
Lynwood at a regular meeting held on the 5TH day of JUNE , 2007.
AYES: COUNCILMEMBERS, JOHNSON, PEDROZA, SANTILLAN, VASQUEZ, AND BYRD
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Andrea L. Hooper, City Clerk
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
I, the undersigned City Clerk of the City of Lynwood, and the Clerk of the City
Council of said City, do hereby certify that the above foregoing is a full, true and correct
copy of Ordinance No. _ 1595 on file in my office and that said Ordinance
was adopted on the date and by the vote therein stated.
Dated this 5TH day of JUNE , 2007.
Andrea L. Hooper, City Clerk