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Home My WebLink AboutORD NO 3615ORDIN CE NO. 3 6 1 5 AN ORDINANCE ANENDINO THE CITY OF BAKERSFIELD'S REDEVELOPMENT PLAN TO ESTABLISH TIME LIMITS TO INCUR NEW DEBT, UNDERTANE ANY REDEVELOPMENT PROJECTS AND PAY EXISTING DEBT WHEREAS, the Council of the City of Bakersfield adopted Ordinance No. 2033 on August 14, 1972, adopting and approving a Redevelopment Plan (the "Redevelopment Plan") for The Downtown Redevelopment Project (the "Project"); and, WHEREAS, the initial "Project Area" of the Redevelopment Plan encompassed the area from 16th Street on the south, E Street on the west, north to 17th Street, east to Chester Avenue, then north to 18th Street, then east to M Street, south to Truxtun Avenue, west to Chester Avenue and south to 16th Street; and, WHEREAS, this initial "Project Area" is labeled "Parcel 1" in the Redevelopment Plan; and, WHEREAS, on November 25, 1974, the Council of the City of Bakersfield adopted Ordinance No. 2216 amending the Redevelopment Plan and expanded the "Project Area" to include the area from 23rd Street east to M Street, south to 22nd Street, east to N Street, south to Truxtun Avenue, west to M Street, north to 18th Street, west to Chester Avenue, south to 17th Street, west to H Street, north to 23rd Street; and, WHEREAS, this additional "Project Area" is labeled "Parcel 2" in the Redevelopment Plan; and, WHEREAS, on August 30, 1976, the Council of the City of Bakersfield adopted Ordinance No. 2291, amending the Redevelopment Plan and expanded the "Project Area" to include the area from 22nd Street from N Street east to 0 Street, south to 18th Street, east to Q Street, south to 17th Street, west to P Street, south to Truxtun Avenue, west to N Street and back north to 22nd Street; and, WHEREAS, this additional "Project Area" is labeled "Parcel 3" in the Redevelopment Plan; and, WHEREAS, on December 12, 1979, the Council of the City of Bakersfield adopted Ordinance No. 2539 and expanded the "Project Area" to include the area from N Street at Truxtun Avenue south to 14th Street, east to P Street, north to 15th Street, east to Q Street, north to Truxtun Avenue and west back to N Street and the area from the corner of 20th Street and N Street, east to 0 Street, north to 22nd Street, west to M Street, north to the South right- of-way of State Route 178, northeast to Q Street, south to 20th Street, west to N Street; and, WHEREAS, this additional "Project Area" is labeled "Parcel 4" in the Redevelopment Plan; and, WHEREAS, pursuant to Section 33333.6 of the California Health and Safety Code, which deals with time restrictions under California Redevelopment Law, City council is required to amend its Redevelopment Plan to comply with the time restrictions on or before December 31, 1994; and, WHEREAS, Section 33333.6(e)(2) of the California Health and Safety Code provides these amendments can be made by ordinance without the necessity of public hearing. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section VIII (Sec. 800) of the Redevelopment Plan adopted by Ordinance No. 2033 N.S. and amended by Ordinances No. 2216 N.S., 2291 N.S. and 2539 N.S. is hereby amended as follows. VIII. (SEC. 800) DURATION OF THIS PLAN Except for the nondiscrimination and nonsegregation provisions which shall run in perpetuity, the other provisions of this Plan shall be effective as follows: A. No loan, advance or indebtedness to be repaid from the proceeds of property taxes received pursuant to Community Redevelopment law, may be incurred after January 1, 2004. This limit may be extended only by amendment of the Redevelopment Plan in the manner required by law. B. The Central District Development Agency (the "Agency") shall have no authority to act pursuant to the Redevelopment Plan after the following dates: 1. The Agency shall have no authority to act pursuant to the Redevelopment Plan on property located in Parcel 1 after August 14, 2012. 2. The Agency shall have no authority to act pursuant to the Redevelopment Plan on property located in Parcel 2 after November 25, 2014. 3. The Agency shall have no authority to act pursuant to the Redevelopment Plan on property located in Parcel 3 after August 30, 2016. 4. The Agency shall have no authority to act pursuant to the Redevelopment Plan on property located in Parcel 4 after December 12, 2019. C. All debt which is to be repaid property taxes received pursuant to Community must be repaid by the following dates: with proceeds of Redevelopment law 1. Any debt incurred as a result of a redevelopment project which was located in Parcel 1 must be repaid by August 14, 2022. 2. Any debt incurred as a result of a redevelopment project which was located in Parcel 2 must be repaid by November 25, 2024. 3. Any debt incurred as a result of a redevelopment project which was located in Parcel 3 must be repaid by August 30, 2026. 4. Any debt incurred as a result of a redevelopment project which was located in Parcel 4 must be repaid by December 12, 2029. SECTION 2. Section 801 is added to the Redevelopment Plan as follows: (SEC. 801) EXCEPTIONS 1. The limitations established in paragraph A of Section 800 shall not be construed to prevent the Agency from incurring or establishing more debt to fulfill the Agency's obligation to provide replacement housing when existing Low and Moderate Income housing is removed or destroyed by redevelopment activity. Such debt will be repaid from the Agency's Low and Moderate Income Housing Fund. 2. The limitations established in paragraph B of Section 800 shall not prevent the Agency from paying previously- incurred indebtedness or from enforcing existing covenants, contracts or other obligations. 3. The limitations of paragraph C of Section 800 shall not limit allocation of taxes to the Agency to eliminate project deficits created by the Agency's Low and Moderate Income Housing Fund. 3 4. The limitation of paragraph C of Section 800 shall not apply to limit allocation of taxes to the Agency to implement a replacement housing program to replace housing which was destroyed or removed by redevelopment activity. SECTION 3. The City Clerk is hereby directed to send a certified copy of this Ordinance to the Agency. SECTION A. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its passage. SECTION 5. A. Publication. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance and to cause the same to be published once in The Bakersfield Californian, a newspaper of general circulation, published and circulated in the City of Bakersfield, California. SECTION 6. A. Severability. If any part of this Ordinance is held to be invalid for any reason, such decision shall not affect the validity of the remaining portion of this Ordinance, and this City Council hereby declares it would have passed the remainder of this Ordinance if such invalid portion had been deleted. .......... o0o .......... 4 I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on 0CT ! 2 ~% , by the following vote: ABSTAIN: COUNCILMEMBERS ' /'~(~;~/~ '~_~ ABSENT: COUNCILMEMBEP~ /~ ~ C~ ~ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield OCT APPROVED BOB PRICE ~ Mayor of the City of Bakersfield APPROVED AS TO FORM: ,JUDY SKOU EN C~tD~A~t~rK~nOe~ of the City of Bakersfield \misc\ordimnee\redevpln.lmt 9/94 5 AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) ss. County of Kern ) CAROL WILLIAMS, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 14th day of October, 1994 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3615, passed by the Bakersfield City Council at a meeting held on the 12th day of October, 1994, and entitled: AN ORDINANCE AMENDING THE CITY OF BAKERSFIELD'S REDEVELOPMENT PLAN TO ESTABLISH TIME LIMITS TO INCUR NEW DEBT, UNDERTAKE ANY REDEVELOPMENT PROJECTS AND PAY EXISTING DEBT By: /s/ CAROL WILLIAMS City Clerk of the City of Bakersfield DEPUTY City Clerk