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<br />RESOLUTION NO. CRA 2006-002 <br /> <br />A RESOLUTION OF THE COMMUNITY <br />REDEVELOPMENT AGENCY OF THE CITY OF SANTA <br />ANA AMENDING SECTION 10.5 OF THE AGENCY'S. <br />BYLAWS. <br /> <br />BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT AGENCY OF <br />THE CITY OF SANTA ANA AS FOllOWS: <br /> <br />Section 1. The Board of the Community Redevelopment Agency of the City of <br />Santa Ana hereby finds, determines and declares as follows: <br /> <br />A. On April 16, 1985, the Agency added Section 10.5 to its Bylaws requiring <br />the affirmative vote of at least five (5) Agency Board members to approve any contract <br />which directly or indirectly obligates the Agency to acquire any interest in real property. <br /> <br />B. This provision was added to prevent only a majority of the Agency <br />members from approving an agreement, such as a disposition and development <br />agreement or owner participation agreement that contemplated potential future exercise <br />of eminent domain which, by State law, would require the affirmative vote of at least five <br />(5) Agency Board members. In that situation, the purpose of such agreement could be <br />severely frustrated, potentially exposing the Agency to risk for failure to perform all of <br />the terms. <br />C. The vast majority of real estate agreements approved by the Agency are <br />entirely voluntary and do not contemplate the exercise of the power of eminent domain. <br />In several project areas the Agency's powers of condemnation have expired rendering <br />application of Section 10.5 unnecessary. <br /> <br />D. The Agency Board supports and reaffirms the policy underlying Section <br />10.5 that agreements requiring future consideration of a resolution of necessity be <br />supported by at least as many Agency Board members as necessary to adopt such <br />resolution in the future. <br /> <br />E. Seven (7) days advance written notice of said amendment has been given <br />to the members of the Agency by the Executive Director of the Agency. . <br /> <br />Section 2. Section 10.5 of the Bylaws of the Community Redevelopment Agency <br />of the City of Santa Ana is hereby amended to read as follows: <br /> <br />"Section 10.5 <br /> <br />Special votinQ requirement for certain land <br />acquisition contracts. <br />Any motion or resolution to approve a contract <br />that requires or obligates the Agency' to <br />consider a resolution of necessity for the <br />acquisition of real estate through the exercise <br />of the Agency's powers of eminent domain <br /> <br />Resolution No. eRA 2006-002 <br />Page 1 of 2 <br />