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HomeMy WebLinkAboutORDINANCES - 07141987 - 87-49 ORDINANCE NO. 87- 49 AUTHORIZING REDEVELOPMENT OF CERTAIN UNINCORPORATED TERRITORIES BY CLAYTON REDEVELOPMENT AGENCY The Contra Costa County Board of Supervisors ordains as follows: SECTION I. SUMMARY. By Ordinance No. 213 the City Council of the City of Clayton has established the Redevelopment Agency of the City of Clayton pursuant to the California Community Redevelopment Law (Health and Safety Code § 33000, et seq. ) The Redevelopment Agency of the City of Clayton is in the process of preparing a Redevelopment Plan for a Project Area which would include unincorporated territory contiguous to the boundaries of the City of Clayton and lying entirely within the County of Contra Costa. The City of Clayton has initiated procedures for the annexation to the City of Clayton of the aforesaid unincorporated portions of the Project Area, but is uncertain when such annexations will be completed. The City Council of the City of Clayton has requested the Board of Supervisors of the County of Contra Costa to authorize the redevelopment of such unincorporated portions of the Project Area by the City of Clayton pursuant to authority granted by Section 33213 of the Health and Safety Code. The Board of Supervisors recognizes that it is in the interests of both the citizens of the County and the citizens of the City of Clayton that such redevelopment plan proceed on schedule, and for that purpose enacts this ordinance. SECTION II. REDEVELOPMENT AUTHORIZED. The Board of Supervisors of the County of Contra Costa hereby authorizes the redevelopment by the City of Clayton of the unincorporated portions of the proposed Project Area of the Clayton Redevelopment Plan as shown on the attached Exhibit "A" . The City of Clayton may undertake the redevelopment of such portions of the proposed Project Area in all respects as if those areas were within its territorial limits and the City Council, the Redevelopment Agency and the Planning Commission of the City of Clayton shall have all the rights, powers, and privileges with respect to such areas as if they were within the territorial limits of the City of Clayton, subject to SECTION III of this Ordinance. , SECTION III. ADOPTION OF REDEVELOPMENT PLAN REQUIRED. Before the Redevelopment Plan for any of such unincorporated areas shall become effective, the plan must be approved by ordinance enacted by the Board of Supervisors of the County of Contra Costa as required by Section 33213 of the Health and Safety Code. SECTION IV. URGENCY DECLARATION. This ordinance is for the immediate preservation of the public peace, health, and safety within the meaning of Government Code Section 25123 and Elections Code Section 3751. The facts constituting the urgency are that the date set for the public hearing on the Redevelopment Plan is July 8, 1987. The City requires authority to redevelop the unincorporated area in order to approve the plan for the entire project area. The redevelopment of blighted areas is declared by Health and Safety Code § 33030 to be in the interest of the health, safety and general welfare of the people of such communities and of the state. Failure to adopt this ordinance on -t an emergency basis may frustrate the redevelopment of the unincorporated areas shown on the attached Exhibit "A". SECTION V. SEVERABILITY. This Board declares that, if the urgency nature of this ordinance is invalidated, it intends SECTIONS II and III to remain valid and effective and that it would have passed SECTIONS II and III even without the urgency provisions. Therefore, the Board directs that this ordinance be treated and published, effective and operative, as both an urgency and a non-urgency ordinance as provided in SECTION VI. SECTION VI. EFFECTIVE AND OPERATIVE DATES. As an urgency ordinance, this ordinance becomes effective and operative immediately on introduction and passage. If a court holds it to be a non-urgency ordinance, it becomes effective 30 days after passage (on second reading) , and within 15 days of passage shall be published once with the names of supervisors voting for and against it in the Contra Cotta Times , a newspaper published in this County. PASSED on July 14, 1987 , by the following vote: AYES: Supervisors Powers , Fanden, Schroder , Torlakson, McPeak NOES: None. ABSENT: None. ABSTAIN: None . ATTEST: PHIL BATCHELOR, Clerk of the Board and County Administrator Deputy Board Chair SLA/jh [SEAL] -2- ORDINANCE NO. 87- 49