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HomeMy WebLinkAbout2006-82 - Filing Written Arguments for City MeasuresRESOLUTION NO. 2006-82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, SETTING PRIORITIES, FOR FILING (A) WRITTEN ARGUMENTS) REGARDING A CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS WHEREAS, a General Municipal Election is to be held in the City of Newport Beach, California, on Tuesday, November 7, 2006, at which there will be submitted to the voters the following measure: MEASURE Shall the Charter be amended to add Section 424 to prohibit the City of Newport Beach and/or any City- Affiliated Agency from exercising the power of eminent domain to acquire real property for the sole purpose of transferring the property to another person to further private economic development? The precise wording of the measure to be submitted to voters pursuant to this Section is attached as Exhibit A. NOW, THEREFORE; THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION I. That. the City Council authorizes Council Member Keith .Curry (Council Member in Favor), member. of that body, to file a written argument regarding the City measure as ..specified-above, accompanied by the printed.. name(s). and signature(s) . of the author(s) submitting it; in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State..of California and to change the argument.until and including.the date fixed by the City The argument shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument. The arguments shall be accompanied by the Form of Statement To Be Filed By Author(s) of Argument. SECTION 2. That the City Council directs the City Clerk to transmit a copy of the measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the measure showing the effect.of the measure on the existing law and the operation of the measure. . The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. SECTION 2. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the. book of original resolutions. PASSED, APPROVED AND ADOPTED this 25th day of July, 2006. V MAYOR ATTEST: CITY CLERK I III: 1 Section 424. Limitations on Use of Eminent Domain The City of Newport Beach and/or any City-Affiliated. Agency shall not exercise the power of eminent domain to acquire any property from the owner of the property, without the owner's consent, for the sole purpose of transferring the property to another person to further private economic development. As used in this section of the Charter, the following terms shall have the following ascribed meanings: "Owner" means the owner of the fee title interest in the property to be acquired, as shown on the last equalized assessment roll, or other more current proof of vesting the City may have. . "Property" shall mean any.interest.in real or personal:properly otherwise subject to acquisition through the use of eminent domain. "City- Affiliated Agency". shall mean the City of Newport Beach and/or any other entity possessing the power of eminent domain, the governing board of which is solely. composed of, or is solely appointed by, the members of the City Council of the City of Newport Beach. STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, L&Vonne M. Harkless, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2006 -82 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 25th day of July 2006, and that the same was so passed and adopted by the following vote, to wit: Ayes: Curry, Selich, Rosansky, Ridgeway, Daigle, Nichols, Mayor Webb Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affied the official seal of said City this 26th day of July 2006. .