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ORDINANCE NO. 2007-04
AMENDING THE REDEVELOPMENT PLAN FOR THE
DOWNTOWN REDEVELOPMENT PROJECT
TO PROHIBIT THE USE OF EMINENT DOMAIN BY THE COMMUNITY
DEVELOPMENT AGENCY
The Danville Town Council does ordain as follows:
SECTION 1. FINDINGS.
1. The Town Council of the Town of Danville adopted Ordinance No. 94 on July 14,
1986, approving and adopting the Redevelopment Plan for the Downtown
Redevelopment Project (the "Plan").
2. Section 309 of the Plan provided the Agency with the power of eminent domain to
acquire property. This power was only valid for the first 12 years of the plan,
meaning that the Agency lost its eminent domain powers in July 1998.
3. In 2006, the California Legislature enacted SB 53, requiring all redevelopment
agencies to adopt ordinances before July I, 2007, describing the circumstances in
which the agency may use its powers of eminent domain. The legislation requires
that such ordinances be adopted even by agencies whose eminent domain powers
have already lapsed.
4. The Town Council of the Town of Danville desires to comply with the provisions of
SB 53 and to express its intent that the Community Development Agency shall not
utilize the power of eminent domain under any circumstances.
SECTION 2. REDEVELOPMENT PLAN AMENDED.
Section 309 of the Redevelopment Plan for the Downtown Redevelopment Project is
hereby amended to provide that the Community Development Agency of the Town of
Danville shall not use the power of eminent domain under any circumstances. Except
as provided herein, the Redevelopment Plan, as amended, shall continue in full force
and effect.
SECTION 3. CODIFICATION.
This ordinance shall not be codified in the Danville Municipal Code.
SECTION 4. PUBLICATION AND EFFECTIVE DATE. The City Clerk shall have
this ordinance published in a newspaper of general circulation within fifteen (15) days
after adoption. This ordinance shall become effective 30 days after adoption.
The foregoing Ordinance was introduced on June 5, 2007 and approved and adopted by
the Danville Town Council at a regular meeting held on June 19, 2007, by the following
vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Shimansky, Andersen, Arnerich, Doyle, Stepper
None
None
None
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AYOR -====---\
APPROVED AS TO FORM:
(jZ4,rJ (i L
CITY ATTORNEY !
CLERK'S CERTIFICATE
I, Marie Sunseri, City Clerk of the Town of Danville, hereby certify that the foregoing is
a true and accurate copy of Ordinance No. 2007-04 of said Town and that said
ordinance was published according to law.
Dated:
City Clerk of the
Town of Danville
PAGE 2 OF ORDINANCE NO. 2007-04