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HomeMy WebLinkAboutORD NO 3082ORDINANCE NO. 3082 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD, CALIFORNIA, ESTABLISHING CERTAIN LIMITATIONS WITH RESPECT TO THE REDEVELOPMENT PLAN FOR THE DOWNTOWN REDEVELOPMENT PROJECT. WHEREAS, the City 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 "Redevelopment Project"); and WHEREAS, pursuant to Section 33333.4 of the California Community Redevelopment Law (Health and Safety code, Section 33000 e.t. se~.) the City Council is required to adopt an ordi- nance on or before December 31, 1986 which contains certain limi- tations Plan. NOW, DOES HEREBY ORDAIN AS applicable to the Redevelopment Project and Redevelopment THEREFORE, THE CITY COUNCIL OF THE CITY OF BAKERSFIELD FOLLOWS: Section 1. In accordance with Section 33333.4 of the California Community Redevelopment Law, the City Council hereby establishes the following limitations for the Redevelopment Project and the Redevelopment Plan: A. The number of dollars which may be divided and allocated to the Bakersfield Redevelopment Agency (the "Agency") pursuant to the Redevelopment Plan, after the effective date of this Ordinance, shall not exceed a cumulative total of four hundred and fifty-nine million, three hundred and fifty-four thousand dollars ($459,354,000) except by amendment of the Redevelopment Plan in the manner required by law. B. No loan, advance or indebtedness to be repaid from the allocations of taxes referred to in Section 1.A. herein above, established or incurred by the Redevelopment Agency to finance in whole or in part the Redevelopment Project shall be established or incurred beyond Fiscal Year 2007-08 (21) years following the effective date of this Ordinance. Such loan advance or indebtedness may be repaid over a period of time beyond such time limit. Such time limit may be extended only by amendment of the Redevelopment Plan in the manner required by law. C. No eminent domain proceeding to acquire property within the Redevelopment Project area shall be commenced after twelve (12) years following the effective date of this Ordinance. Such time limitation may be extended only by amendment of the Redevelopment Plan in the manner required by law. Section 2. The limitations established in Section 1 of this Ordinance shall apply to the Redevelopment Project and the Redevelopment Plan as if the Redevelopment Plan had been amended to include those limitations, and may be extended only by amend- ment of the Redevelopment Plan in the manner required by law. Section 3. The limitations established in Section 1 of this Ordinance shall not be construed to allow the impairment of any obligation or indebtedness incurred by the City of Bakersfield or the Agency pursuant to the California Community Redevelopment Law, and shall be construed so as to allow the completion of adopted programs, projects and activities implementing the Redevelopment Plan within the Redevelopment Project. Section 4. The City Clerk is hereby directed to send a cer- tified copy of this Ordinance to the Agency. Section 5. Effective Date. This ordinance shall be in full force and effect thirty (30) days after its passage. Section 6. 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 7. 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 remainder of been deleted. hereby declares that it would have passed the this Ordinance, if such invalid portion thereof had I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regu- lar meeting thereof held on the 10th day of December, 1986, by the following vote: AYES. COU'~CL"; ?SRS. CH,L~.S, CHRISTEr, ISEN, SM;TH, RACY, MOORE, DICKERSON, NOES: COUi~!C~: ]' .;E ~g~,., .^_r'~ ~ ~ SALVAGGIO Council of the City of Bakersfield APPROVED this 10th day of December, 1986 MAYOR of the City'o~akersfield APPROVED as to form: ORNEY of the City of Bakersfield bz O:O.REDPLAN1 Aff avtt of iosttng ( ri tnan es STATE OF CALIFORNIA t 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 December 15 , 19 86 , she posted on the Bulletin Board at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held on December 10 , 19 86 , which ordinance was numbered 3082 New Series, and entitled: An Ordinance of the Council of the City of Bakersfield establishing certain limitations with respect to the redevelopmmnt plan for the Downtown Redevelopmmnt Project. City Clerk Subscribed and sworn to before me this ~}[¢...... day of ........~9~r .......................19.~.~ ..........................