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SR-414-001 (4) J e . f/1//0~/ Santa Monica, Cal ifornia, July 19, 1978 TO: ~r< Mayor and City Council FRO.'1: City Staff -jUt 2 5 1978 SUBJECT: Amendnent to Council Resolution No. 4948 - Downtown Redevelopment Project Condemnation Resolution Background On November 22, 1977 the Council adopted Resolution No. 4948 a~thorizing eminent domain actions within the Downtown Redevelopment Project. Subsequent to the adoption, the Crty's condemnatron attorney has advised staff that the original resolution contained a clerical error which cited an inappropriate section of the code. Consequently, they have prepared a corrective resolution as attached. Reco~mendation It is recommended that the Council approve the attached /"esolution alfending Resolution No. 4948 which was adopted November 22, 1977. P repa red by. John Heme r JH:nm Attachment ~ ~, &~ ( JUl 2 5 ISla / . - RESOLUTION NO. A RESOLUTION OF THE CITY COU~CIL OF THE CITY OF SANTA MONICA A}lENDING RESOLUTION NO. 4948, ADOPTED AND APPROVED NOVEMBER 22, 1977, TO CORRECT A CLERICAL ERROR THEREIN. 1iHEREAS, Resolution No. 4948, adopted and approved November 22, 1977, finding and determining the public interest and necessity for acquiring and authorizing the condemnation of certain real property within the City of Santa Monica through clerical error inadvertently omitted reference to the statute authorizing the condemnation of property for the elimination of blight and redevelopment purposes and in Section 5 of said Resolution inadvertently referred to the Health and Safety Code rather than the Code of Civil Procedure; and WHEREAS. it is in the best interest of the City of Santa Monica to correct said Resolution No, 4948 nunc pro tunc to reflect the statutes authorizing the condemnation; NOW, THEREFORE. BE IT RESOLVED by the City Council of the City of Santa Monica by a vote of not less than hvo-Lhirds of its members that it amend, and it does hereby amend, Resolution No. 4948 nunc pro tunc by amending Section 1 and Section 5 of said Resolution, nunc pro tunc, to read in their entirety as follows: "Section 1. That the public interest and necessity require the acquisition of the hereinafter described real property, or interest in real property, for a public use and improvement, to wit: The elimination of blight and redevelopNent purposes pursuant to the COR~unity Redevelopment Law of the State of California (Part 1 of Division 24, Health and Safety Code), including, but without limi- tation, Health and Safety Code Section 33391(b)." "Section 5. The 1m" firm of OLIVER, STOEVER & LASKIN as special attorneys for the City and the CITY ATTORNEY as General Counsel, are hereby authorized to prepare and prosecute in the name of the City, such proceeding or proceedings in the proper court having jurisdiction thereof, as are necessary for such acquisition; and to prepare and file such pleadings, documents, briefs and other instruments, and to wake such arguments and to take such actions as may be necessary in the opinion of said attorneys to acquire for said City the said real property. Said attorneys are specifically authorized to take whatever steps and/or procedures are available to them under the Eminent Domain Law of the State of California (Code of Civil Procedure. Title 7, Chapters 1-12, Sections ~ 1230.010-1273.050). , .. - e BE IT FURTHER RESOLVED that Resolution No. 4948 remain in full force and effect, except as amended by this resolut~on. The City Clerk shall certify to the adoption of this resolution, and thenceforth and thereafter the same shall be in full force and effect. ADOPTED AND APPROVED this day of July, 1978. MAYOR ATTEST: CITY CLERK I hereby certify that the foregoing resolution was duly adopted by the City Council of the City of Santa Monica at a regular meet1ng thereof, held on the day of July, 1978, by the following vote of the Council: AYES. NOES Absent. CITY CLERK APPROVED AS TO FOR}1. CITY ATTORNEY .,- -2-