PETITION FOR SUBMISSION 10 VOTERS OF PROPOSED
AMENDMENT TO THE CHARTER OF THE CITY OF GRAND TERRACE
To the City council of the city of Grand Terrace:
We the undersigned, registered and qualified voters of the State of California, residents of the City of Grand Terrace, pursuant to Section 3 of Article XI of the California Constitution and Chapter 2 (commencing with Section 34450) of Part 1 of Division 2 of Title 4 of the Government Code, present to the city council of the city, this petition and request that the following proposed amendment to charter of the city be submitted to the registered and qualified voters of the city for their adoption or rejection at an election on e date to be determined by the city council.
The proposed charter amendment reads as follows:
PRIVATE PROPERTY PROTECTION ACT
Section 1. Purpose and Findings- No Taking of Private Property fox Private Re-Development
A. This charter amendment is intended to protect the rights of owners of property within the City of Grand Terrace.
B. The United States Supreme Court has ruled that cities and redevelopment agencies may take private property solely for the purpose of redeveloping the property by transferring through sale, lease or other means to the control or management of private persons for private use and profit.
C. The citizens of Grand Terrace recognize that the State legislature regulates powers of redevelopment agencies to condemn land for the purpose of economic redevelopment, but the citizens have the ability to stop their City Council from taking such action and from supporting the action of any other agency seeking to condemn of private property for private redevelopment and profit.
D. The citizens of Grand Terrace hereby exercise their rights to restrict their City, acting through its City Council, from carrying out, contributing to or facilitating the taking of private property from citizens of Grand Terrace for the purpose of turning that property over to the control, use, exploitation or management by a corporation or other business entity for private use or profit, or redevelopment without a vote of the citizens of the City of Grand Terrace.
Section 2.
AMENDMENT TO THE CHARTER OF THE CITY OF GRAND TERRACE
To the City council of the city of Grand Terrace:
We the undersigned, registered and qualified voters of the State of California, residents of the City of Grand Terrace, pursuant to Section 3 of Article XI of the California Constitution and Chapter 2 (commencing with Section 34450) of Part 1 of Division 2 of Title 4 of the Government Code, present to the city council of the city, this petition and request that the following proposed amendment to charter of the city be submitted to the registered and qualified voters of the city for their adoption or rejection at an election on e date to be determined by the city council.
The proposed charter amendment reads as follows:
PRIVATE PROPERTY PROTECTION ACT
Section 1. Purpose and Findings- No Taking of Private Property fox Private Re-Development
A. This charter amendment is intended to protect the rights of owners of property within the City of Grand Terrace.
B. The United States Supreme Court has ruled that cities and redevelopment agencies may take private property solely for the purpose of redeveloping the property by transferring through sale, lease or other means to the control or management of private persons for private use and profit.
C. The citizens of Grand Terrace recognize that the State legislature regulates powers of redevelopment agencies to condemn land for the purpose of economic redevelopment, but the citizens have the ability to stop their City Council from taking such action and from supporting the action of any other agency seeking to condemn of private property for private redevelopment and profit.
D. The citizens of Grand Terrace hereby exercise their rights to restrict their City, acting through its City Council, from carrying out, contributing to or facilitating the taking of private property from citizens of Grand Terrace for the purpose of turning that property over to the control, use, exploitation or management by a corporation or other business entity for private use or profit, or redevelopment without a vote of the citizens of the City of Grand Terrace.
Section 2.
AMENDMENT OF THE CHARTER
A section shall be added to the Charter of the Grand terrace to read as follows:
Limitations on Powers of Eminent Domain
Eminent domain is not to be used to further private economic development. The City of Grand Terrace shall not initiate or participate in any proceedings, or take any action to condemn private property for the purpose of making such property available for private development, nor shall the City participate, directly or indirectly, in such takings. "Participation" means contributing, lending, providing, pledging, or foregoing, an funds, property, credit, in-kind services, or incurring any debt o lease obligation or providing any other thing of value to an agency, organization, or project. Notwithstanding these prohibitions, the City of Grand Terrace may participate in proceedings to condemn private property for the purpose of making such property available for private development if such participation is approved by a majority of the voters in the city.
Minimum Public Use Period
Property acquired by the City of Grand Terrace through the use of eminent domain after the effective date of this charter amendment must be held or used for a public use by the City for a minimum ten year period prior to sale, lease, transfer or other disposition by the City.
Section 3. Implementation
A. Upon effective date of this initiative, the provisions of this initiative shall be inserted into the Charter as an amendment thereof. Any provisions of City law inconsistent with the amendment inserted shall be unenforceable to the extent of the inconsistency.
B. This initiative shall not affect condemnation action initiated by adoption of a resolution of necessity prior to the date this initiative was submitted to the City for circulation.
C. In the event that the City Council desires to condemn private property for other than traditional public improvements, and desires to condemn private property for economic development, then the City Council shall set the matter for public vote.
D. The City Council shall set any election required by Section D at the next available general municipal election.
E. This amendment is in no way intended to restrict the City's ability to freely negotiate real property transactions with any party.
Section 4. Construction
Nothing in this initiative shall be construed to require more than a simple majority vote for the adoption of this initiative or for the approval of any future measure required by this initiative.
Section 5. Severability.
Laws. If any word, sentence, paragraph, section or portion of this initiative is declared to be invalid by a court, the remaining words, sentences, paragraphs, subparagraphs, sections and portions are to remain valid.
Section 6. Amendment or Repeal.
This initiative may be amended or repealed only by the voters at a City election.
Section 7. Effective Date.
Pursuant to the State of California Municipal Code section 9217, if a majority of the voters voting on a proposed ordinance vote in its favor, the ordinance shall become a valid and binding Ordinance of the city. The ordinance shall be considered an adopted upon the date that the vote is declared by the legislative body and shall go into effect 10 days after that date.
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A section shall be added to the Charter of the Grand terrace to read as follows:
Limitations on Powers of Eminent Domain
Eminent domain is not to be used to further private economic development. The City of Grand Terrace shall not initiate or participate in any proceedings, or take any action to condemn private property for the purpose of making such property available for private development, nor shall the City participate, directly or indirectly, in such takings. "Participation" means contributing, lending, providing, pledging, or foregoing, an funds, property, credit, in-kind services, or incurring any debt o lease obligation or providing any other thing of value to an agency, organization, or project. Notwithstanding these prohibitions, the City of Grand Terrace may participate in proceedings to condemn private property for the purpose of making such property available for private development if such participation is approved by a majority of the voters in the city.
Minimum Public Use Period
Property acquired by the City of Grand Terrace through the use of eminent domain after the effective date of this charter amendment must be held or used for a public use by the City for a minimum ten year period prior to sale, lease, transfer or other disposition by the City.
Section 3. Implementation
A. Upon effective date of this initiative, the provisions of this initiative shall be inserted into the Charter as an amendment thereof. Any provisions of City law inconsistent with the amendment inserted shall be unenforceable to the extent of the inconsistency.
B. This initiative shall not affect condemnation action initiated by adoption of a resolution of necessity prior to the date this initiative was submitted to the City for circulation.
C. In the event that the City Council desires to condemn private property for other than traditional public improvements, and desires to condemn private property for economic development, then the City Council shall set the matter for public vote.
D. The City Council shall set any election required by Section D at the next available general municipal election.
E. This amendment is in no way intended to restrict the City's ability to freely negotiate real property transactions with any party.
Section 4. Construction
Nothing in this initiative shall be construed to require more than a simple majority vote for the adoption of this initiative or for the approval of any future measure required by this initiative.
Section 5. Severability.
Laws. If any word, sentence, paragraph, section or portion of this initiative is declared to be invalid by a court, the remaining words, sentences, paragraphs, subparagraphs, sections and portions are to remain valid.
Section 6. Amendment or Repeal.
This initiative may be amended or repealed only by the voters at a City election.
Section 7. Effective Date.
Pursuant to the State of California Municipal Code section 9217, if a majority of the voters voting on a proposed ordinance vote in its favor, the ordinance shall become a valid and binding Ordinance of the city. The ordinance shall be considered an adopted upon the date that the vote is declared by the legislative body and shall go into effect 10 days after that date.
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This Measure Has Been Presented to the City Clerk. This May be the only way Citizens can get the City Council to Respond to their Concerns, Citizens May Have to Restrict Council Power, and City Management via the use of Measures.
