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<br />to January 1, 2007 are required to adopt on or before July 1, 2007, an ordinance that describes <br />the redevelopment agency's program to acquire real property by eminent domain; and <br /> <br />WHEREAS, SB 53 provides that following adoption of an ordinance describing the <br />redevelopment agency's program to acquire real property by eminent domain, such program may <br />only be modified pursuant to an amendment of the redevelopment plan; and <br /> <br />WHEREAS, the Redevelopment Plan provides the Agency with authority to use eminent <br />domain to acquire real property in certain limited circumstances following compliance with all <br />requirements of law. <br /> <br />The City Council of the City of San Leandro does ORDAIN as follows: <br /> <br />Section 1. <br /> <br />Adoption of Program. <br /> <br />The following is hereby adopted as the Agency's program to acquire real property by <br />eminent domain pursuant to Health and Safety Code Section 33342.7: <br /> <br />The Redevelopment Plan for the Plaza Redevelopment Project Area authorizes the <br />Agency to acquire certain real property located in the Project Area by eminent domain, as more <br />particularly described in the Redevelopment Plan. The Redevelopment Agency may only <br />acquire property by eminent domain following compliance with all requirements of applicable <br />law, including without limitation, compliance with all requirements pertaining to notice, <br />hearings, and the payment of just compensation. <br /> <br />Section 2. <br /> <br />Effective Date and Publication. <br /> <br />This ordinance shall take effect thirty (30) days after adoption and the title thereof shall <br />be published once prior to adoption. <br /> <br />Section 3. <br /> <br />Severability. <br /> <br />If any section, subsection, subdivision, paragraph, sentence, clause or phrase of the <br />ordinance is for any reason held to be unconstitutional, invalid, or ineffective by any court of <br />competent jurisdiction, such decision shall not affect the validity or effectiveness of the <br />remaining portions of this Ordinance or any part hereof. The City Council hereby declares that it <br />would have passed each section of the Ordinance irrespective of the fact that one or more of <br />them would be declared unconstitutional or invalid. To this end, the provisions ofthe Ordinance <br />are declared to be severable. <br /> <br />ORDINANCE NO. 2007-013 <br /> <br />2 <br />