4.04.150 City's adoption of resolution of necessity before initiating eminent domain proceedings to acquire property.

(A) Requirement for Resolution of Necessity. If after a reasonable time, the city is unable to successfully negotiate the purchase of the property with the owner and wishes to acquire the property by eminent domain, the city council shall adopt a resolution of necessity by a two-thirds vote pursuant to Code of Civil Procedure Section 1245.230 before initiating eminent domain proceedings in court, and after giving notice and conducting a hearing as required by Sections 4.04.160 and 4.04.170.

(B) Contents of Resolution of Necessity. In addition to any other information required by law, the resolution of necessity shall contain all of the following:

(1) A general statement of the public use for which the property is taken by the city and a reference to the statute that authorizes the city to acquire the property by eminent domain;

(2) A description of the general location and extent of the property to be taken, with sufficient detail for reasonable identification;

(3) A declaration that the city council has found and determined each of the following:

(a) The public interest and necessity require the proposed project for which the property is to be acquired by the city,

(b) The proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury,

(d) That the city has either made the written offer to purchase the property to the property owner(s), or that the offer has not been made because the owner(s) cannot be located with reasonable diligence, or because the project for which the property is to be acquired is an emergency project necessary to protect or preserve the public health, safety, and welfare. However, in cases involving the adoption of a resolution of necessity for an emergency project for which the city has not given the owner a written offer to purchase, the city shall give the owner a written offer to purchase the property pursuant to Section 4.04.110(D) within a reasonable time and in no event later than ninety days after the adoption of the resolution of necessity.