HomeMy WebLinkAboutPCDC Resolution 2001-08 06/04/2001 IZesolutio>c~ No. 2001-08
Of the Petaluma Community Development Commission
DELEGATING ITS POWER OF EMINENT DOMAIN
TO THE PETALUMA CITY COUNCIL
WHEREAS, the Petaluma Community Development Commission (the
"PCDC") was formed and organized pursuant to the provisions of Part 1.7 of
Division 24 (Section 34100 et seq.) of the California Health and Safety Code
acting as the redevelopment agency in and for the City of Petaluma; and,
WHEREAS, the PCDC was activated by the City Council by Ordinance No.
1170 N.C.S. and the City Council declared itself to be the PCDC exercising all
of the powers, functions and duties of a redevelopment agency as set forth in
State law; and,
WHEREAS, the PCDC may exercise the power of eminent domain, under
limited circumstances, in furtherance of redevelopment when such power is
authorized by state law and memorialized in a redevelopment plan approved by
the City Council; and,
WHEREAS, at this time, the PCDC wishes to delegate its power of eminent
domain to the City Council, the chief legislative body of the City, to ensure the
citizens of the City that the power of eminent domain when and if exercised,
shall be done only as a last resort when voluntary acquisition of property is
unsuccessful and only when approved by a two thirds (2/3) vote of the City
Council; and,
NOW AND THEREFORE BE IT RESOLVED, by the Petaluma Community
Development Commission as follows:
Section 1. The above recitals are true and correct.
Section 2. The Petaluma Community Development Commission delegates its
power of eminent domain as set forth in state law and a redevelopment plan
adopted by the City Council of the City of Petaluma. to the City Council of the
City of Petaluma.
Section 3. Consistent with state law, atwo- thirds (2/3) vote of the City Council
is required to adopt a Resolution of Necessity to condemn property authorized
by a redevelopment plan within the City approved by the City Council.
I hereby certify that the foregoing Resolution No. 01-08 was duly introduced and
adopted by the Petaluma Community Development Commission at a regular meeting
held on June 4, 2001, by the following vote:
Commissioner Ave No Absent Abstain
Thompson, Chairman X
CaderThompson, Vice Chairman X
Healy X
Maguire X
Moynihan X
O'Brien X
Torliatt X
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Janice Cader-Thompson, Vice Chairman
ATTEST:
Paulette Lyon, Deputy ording Secretary