HomeMy WebLinkAbout2006-80 - Eminent Domain Charter AmendmentRESOLUTION NO. 2006-80
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT.BEACH, CALIFORNIA, CALLING AND GIVING
NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION
ON TUESDAY, NOVEMBER 7, 2006, FOR THE
SUBMISSION OF A PROPOSED CHARTER AMENDMENT
WHEREAS, pursuant to authority provided by Article XI of the Constitution, Title 4,
Division 2, Chapter 3 of the Government Code and Division 9, Chapter 3, Article 3
(commencing at §9255) of the Elections Code of the State of California, the City Council of the
City of Newport Beach desires to submit to the voters a proposed charter amendment relating to
the limitation of the use of the City's power of eminent domain; and
WHEREAS, the City Council is authorized and directed by statute to submit the proposed
charter amendment to the voters.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to Article XI of the Constitution, Title 4, Division 2, Chapter
3 of the Government Code and Division 9, Chapter 3, Article 3 (commencing at §9255) of the
Elections Code of the State of California, there is called and ordered to be held in the City of
Newport Beach, California, on Tuesday, November 7, 2006, a General Municipal Election for
the purpose of submitting the following proposed charter amendment:
Shall the Charter be amended to add Section 424 to prohibit the City
of Newport Beach and/or any City- Affiliated Agency from YES
exercising the power of eminent domain to acquire real property for ------ - - - - --
the sole purpose of transferring the property to another person to NO
further private economic development?
SECTION 2. That the text of the charter amendment submitted to the voters is attached
as Exhibit A.
SECTION 3. That the ballots to be used at the election shall be in form and content as
required by law.
SECTION 4. That the City Clerk is authorized, instructed and directed to procure and
furnish any and all official ballots, notices, printed matter and all supplies, equipment and
paraphernalia that may be necessary in order to properly and lawfully conduct the election.
SECTION S. That the polls shall be open at seven o'clock a.m. of the day of the election
and shall remain open continuously from that time until eight o'clock p.m. of the same day when
the polls shall be closed, except as provided in §14401 of the Elections Code of the State of
California.
SECTION 6. That in all particulars not recited in this resolution, the election shall be
held and conducted as provided by law for holding municipal elections.
SECTION 7. That notice of the time and place of holding the election is given and the
City Clerk is authorized, instructed and directed to give further or additional notice of the
election, in time, form and manner as required by law.
SECTION 8. 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 on this.25a day of July, 2006.
C' D --
wk AYOR
ATTEST:
MI
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 fiuther 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 property 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, LaVonne 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 -80 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 allied the
official seal of said City this 26th day of July 2006.
(Seal)
City Clerk
Newport Beach, California