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NS-2664
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Last modified
1/3/2012 1:01:30 PM
Creation date
10/20/2004 5:12:32 PM
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City Clerk
Doc Type
Ordinance
Doc #
NS-2664
Date
9/20/2004
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<br />8 <br /> <br />8 <br /> <br />8 <br /> <br />C. <br /> <br />The adoption and carrying out of the Amendment is economically sound <br />and feasible. This finding is based on the fact that under the Existing Plan <br />and the Amendment the Agency will continue to be authorized to seek and <br />utilize a variety of potential financing resources, including property tax <br />increment revenues; that the nature and timing of public redevelopment <br />assistance within the Project Area will continue to depend upon the <br />amount and availability of such financing resources, including tax <br />increment generated by new investment in the Merged Project Area; that <br />under the Existing Plan and the Amendment no public redevelopment <br />activity can be undertaken unless the Agency can demonstrate that it has <br />adequate revenue to finance the activity; and that the financing plan <br />included within the Agency's Report to the City Council prepared for the <br />Amendment demonstrates that sufficient financial resources will be <br />available to carry out the implementation of the Existing Plan and will allow <br />flexibility within the Merged Project Area in addressing the most pressing <br />needs and respond to market forces more effectively. <br /> <br />D. <br /> <br />The Amendment is consistent with the General Plan, including, but not <br />limited to, the Housing Element of the General Plan, which substantially <br />complies with the requirements of Article 10.6 (commencing with Section <br />65580) of Chapter 3 of Division 1 of Title 7 of the Government Code. This <br />finding is based upon the General Plan and the findings of the Planning <br />Commission that the Amendment conforms to the General Plan. <br /> <br />E. <br /> <br />The condemnation of real property may be necessary for the overall <br />execution of the Existing Plan. The Agency has eminent domain authority <br />within the Project Area and adequate provisions have been made for <br />payment for property that may be acquired as provided by law. This <br />finding is based upon the facts set forth in the Existing Plan, the <br />subsequent settlement agreement related to restrictions on the use of <br />eminent domain authority in the Project Area, and the Agency's Report(s) <br />to the City Council prepared for the Existing Plan, in particular that without <br />eminent domain authority, the Agency's redevelopment efforts may be <br />impaired. This finding is further based on the fact that in connection with <br />the acquisition of property by the Agency, the Agency will comply with all <br />applicable provisions of the California Eminent Domain Law (Code of Civil <br />Procedure Section 1230.010 et. seq.), including provisions requiring the <br />payment of just compensation. <br /> <br />F. <br /> <br />The Agency has a feasible method and plan for the relocation of families <br />and persons who might be displaced, temporarily or permanently, from <br />housing facilities in the Merged Project Area. The Agency also has a <br />feasible method and plan for relocation of businesses. This finding is <br />based upon the fact that in conjunction with the adoption of the Original <br />Ordinances, the Agency had prepared a method or plan for relocation of <br />families, persons and businesses that may be displaced by Agency <br /> <br />Ordinance No. NS-2664 <br />Page 5 of 9 <br />
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